Community trade mark Opposition proceedings Likelihood of confusion Refusal to register Article 8(1)(b) of Regulation (EC) No 40/94 Application for the figurative Community trade mark emergia Earlier word Community trade mark EMERGEA
Sumário
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.
Texto da decisão
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
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Applicant for the Community trade mark: |
Telefónica, SA |
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Community trade mark sought: |
Figurative mark emergia for goods and services in Classes 9, 38 and 42 – Application No 1694157 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
David Branch |
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Mark or sign cited in opposition: |
Community word mark EMERGEA for goods and services in Class 38 |
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Decision of the Opposition Division: |
Opposition upheld in part in so far as concerning ‘telecommunications and communications by computer networks’ in Class 38 |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
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Dismisses the action; |
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Orders the applicant to pay the costs. |