CELEX: 62004TJ0172
Language: en
Date: 2006-09-27 00:00:00
Title: Judgment of the Court of First Instance (First Chamber) of 27 September 2006. # Telefónica SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the figurative Community trade mark emergia - Earlier word Community trade mark EMERGEA - Likelihood of confusion - Refusal to register - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-172/04.

Judgment of the Court of First Instance (First Chamber) of 27 September 2006 – Telefónica v OHIM – Branch (emergia)
      (Case T-172/04)
      Community trade mark – Opposition proceedings – Application for the figurative Community trade mark emergia – Earlier word Community trade mark EMERGEA – Likelihood of confusion – Refusal to register – Article 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 74-75, 82)
      
      Re:
      
         ACTION for annulment of the decision of the First Board of Appeal of OHIM of 12 March 2004 (Case R 676/2002-1) relating to
                  opposition proceedings between David Branch and Telefónica, SA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Telefónica, SA
            
         
               Community trade mark sought:
            
            
               Figurative mark emergia for goods and services in Classes 9, 38 and 42 – Application No 1694157
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               David Branch
            
         
               Mark or sign cited in opposition:
            
            
               Community word mark EMERGEA for goods and services in Class 38
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld in part in so far as concerning ‘telecommunications and  communications by computer networks’ in Class 38
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.