Judgment of the Court of First Instance of 27 September 2006 - Telefónica v OHIM - Branch (emergia)
(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)
Language of the case: Spanish
Parties
Applicant: Telefónica, SA (Madrid, Spain) (represented by: A. Sirimarco, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Laporta Insa, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: David Branch (Reading, United Kingdom) (represented by: initially, C. Berenguer Marsal, and subsequently, I.M. Barroso Sánchez-Lafuente and M.C. Trullols Durán, lawyers)
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.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders the applicant to pay the costs.
____________1 - OJ C 179, 10.07.2004.