CELEX: 62005TJ0434
Language: en
Date: 2007-11-27
Title: Judgment of the Court of First Instance (Fifth Chamber) of 27 November 2007. # Gateway, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark ACTIVY Media Gateway - Earlier Community and national word and figurative marks Gateway and GATEWAY - Relative grounds for refusal - No likelihood of confusion - Absence of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 8(5) of Regulation No 40/94. # Case T-434/05.

Judgment of the Court of First Instance (Fifth Chamber) of 27 November 2007 – Gateway v OHIM – Fujitsu Siemens Computers (ACTIVY
            Media Gateway)
      (Case T-434/05)
      Community trade mark – Opposition proceedings – Application for the Community word mark ACTIVY Media Gateway – Earlier Community and national word and figurative marks Gateway and GATEWAY – Relative grounds for refusal – No likelihood of confusion – Absence of similarity between the signs – Article 8(1)(b) of Regulation (EC) No 40/94 – Article 8(5) of Regulation No 40/94
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 50-51)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 1068/2004‑1), relating
                  to opposition proceedings between Fujitsu Siemens Computers GmbH and Gateway, Inc.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Fujitsu Siemens Computers GmbH
            
         
               Community trade mark sought:
            
            
               Word mark ACTIVY Media Gateway for goods and services in Classes 9, 35, 38 and 42 – Application No 2190627
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Gateway, Inc.
            
         
               Mark or sign cited in opposition:
            
            
               Community and national word marks and figurative marks GATEWAY, GATEWAY 2000, GATEWAY.NET, GATEWAY PROFILE and GATEWAY ASTRO,
                  for goods and services in Classes 9, 16, 35, 36, 37 and 38
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Gateway, Inc., to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade
                     Marks and Designs).