CELEX: 62005TJ0322
Language: en
Date: 2007-03-22
Title: Judgment of the Court of First Instance (Fifth Chamber) of 22 March 2007. # Carsten Brinkmann v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-322/05.

Judgment of the Court of First Instance (Fifth Chamber) of 22 March 2007 – Brinkmann v OHIM – Terra Networks (Terranus)
      (Case T‑322/05)
      Community trade mark – Opposition proceedings – Application for Community work mark Terranus – Earlier Community and national figurative mark terra – Relative ground for refusal – Likelihood of confusion – Similar goods and services – Art. 8(1)(b) of Regulation (EC) 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 36-39, 41)
      
      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 Networks, SA and Carsten Brinkmann.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Carsten Brinkmann
            
         
               Community trade mark sought:
            
            
               Word mark Terranus for goods and services in class 36 – Application No 2061968
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Terra Networks, SA
            
         
               Mark or sign cited in opposition:
            
            
               Figurative brand terra for goods and services in class 36 (Community mark No 1332691, as well as Spanish mark No 2261483)
            
         
               Decision by the Opposition Division:
            
            
               Application dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.