Judgment of the Court of First Instance of 27 November 2007 - GATEWAY v OHIM - Fujitsu Siemens Computers (ACTIVY Media Gateway)
(Community trade mark - Opposition proceedings - Application for the Community word mark ACTIVY Media Gateway - Earlier Community and national word and figurative marks Gateway and GATEWAY - Relative grounds for refusal - No likelihood of confusion - Absence of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 8(5) of Regulation No 40/94)
Language of the case: English
Parties
Applicant: Gateway, Inc. (Irvine, California, United States) (represented initially by: C.R. Jones and P. Massey, and subsequently by C.R. Jones and E.S. Mackenzie, solicitors)
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: Fujitsu Siemens Computers GmbH (Munich, Germany)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 1068/2004-1), relating to opposition proceedings between Fujitsu Siemens Computers GmbH and Gateway, Inc.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Gateway, Inc., to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs).
____________1 - OJ C 60, 11.3.2006.