CELEX: 62007CO0243
Language: en
Date: 2008-02-15 00:00:00
Title: Order of the Court (Fifth Chamber) of 15 February 2008. # Carsten Brinkmann v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Likelihood of confusion - Word sign ‘terranus’ - Refusal of registration. # Case C-243/07 P.

Order of the Court (Fifth Chamber) of 15 February 2008 – Brinkmann v OHIM
      (Case C‑243/07 P)
      Appeal – Community trade mark – Article 8(1)(b) of Regulation (EC) No 40/94 – Likelihood of confusion – Word sign ‘terranus’ – Refusal of registration
      Appeals – Grounds – Incorrect assessment of the evidence – Inadmissibility Review by the Court of Justice of the assessment of the evidence (Art. 225(1) EC; Statute of the Court of
         Justice, Art. 58, first para.) (see para. 34)
      
      Re: 
      
         Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 22 March 2007 in Case T 322/05 
               Brinkmann
                v 
               OHIM
                – 
               Terra Networks 
               (
               Terranus
               ) dismissing the action brought by the applicant for the Community word mark ‘TERRANUS’ (for goods in Class 36) for annulment
                  of Decision R 1145/2004-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10
                  June 2005, by which the appeal against the decision of the Opposition Division to refuse registration of the mark was dismissed
                  in opposition proceedings brought by the holder of the Community trade mark and national figurative mark ‘TERRA’ for goods
                  in Class 36 – Likelihood of confusion between the two marks.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Brinkmann to pay the costs.