CELEX: C2005/281/48
Language: en
Date: 2005-11-12 00:00:00
Title: Case T-322/05: Action brought on 18 August 2005 — Carsten Brinkmann v OHIM

12.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/26
            
         Action brought on 18 August 2005 — Carsten Brinkmann v OHIM
   (Case T-322/05)
   (2005/C 281/48)
   Language of the case: German
   Parties
   
      Applicant(s): Carsten Brinkmann (Cologne, Germany) (representative: K.Van Bebber, lawyer)
   
      Defendant: Office for Harmonisation within the Internal Market (Trade Marks and Designs)
   
      Other party(ies) to the proceedings before the Board of Appeal: Terra Networks SA (Madrid, Spain)
   Forms of order sought by the claimant(s)
   
               —
            
            
               annulment of Decision No 646/2004 of the Office for Harmonisation of 29 October 2004 in the form of the decision of the Board of Appeal of 10 June 2005 (R 1145/2004-1), together with an order for costs in its favour;
            
         
               —
            
            
               dismissal of the opposition of Terra Networks SA of 12 April 2002 (Opposition proceedings B 502 676), together with an order for costs in its favour, and
            
         
               —
            
            
               registration of the word mark ‘Terranus’ (2 061 968), as applied for on 29 January 2001, for goods and services in Class 36 ‘Insurance; financial affairs; monetary affairs; real estate affairs’.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: the claimant
   
      Community trade mark affected: The word mark ‘Terranus’ in respect of goods in Class 36 (Application No 1 739 697).
   
      Owner of the opposing mark or sign in the opposition proceedings: Terra Networks SA.
   
      Opposing mark or sign: The figurative mark ‘TERRA’ for goods and services in Class 36 (Community mark No 1 332 691), and Spanish mark No 2 261 483).
   
      Decision of the Opposition Division: Dismissal of the application.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas: There is no likelihood of confusion as between the opposing marks.