Notice for the OJ

 

Action brought on 18 August 2005 - Carsten Brinkmann v OHIM

(Case T -322/05)

(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 o61 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.

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