CELEX: C2007/095/79
Language: en
Date: 2007-04-28 00:00:00
Title: Case T-322/05: Judgment of the Court of First Instance of 22 March 2007 — Carsten Brinkmann v OHIM — Terra Networks (Terranus) (Community trade mark — Opposition procedure — Application for Community work mark Terranus — Earlier Community and national figurative mark terra — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 40/94)

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 95/39
            
         Judgment of the Court of First Instance of 22 March 2007 — Carsten Brinkmann v OHIM — Terra Networks (Terranus)
   (Case T-322/05) (1)
   
   (Community trade mark - Opposition procedure - Application for Community work mark Terranus - Earlier Community and national figurative mark terra - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94)
   (2007/C 95/79)
   Language of the case: German
   Parties
   
      Applicant: Carsten Brinkmann (Cologne, Germany) (represented by K. van Bebber, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by T. Eichenberg and subsequently by G. Scheider, Agents)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Terra Networks, SA (Pozuelo de Alarcón, Spain)
   Re:
   Action brought against the decision of the First Board of Appeal of OHIM of 10 June 2005 (Case R 1145/2004-1) relating to opposition proceedings between Terra Network, SA and Carsten Brinkmann.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the applicant to pay the costs.
            
         
      (1)  OJ C 281, 12.11.2005.