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Document 62005TJ0434
Judgment of the Court of First Instance (Fifth Chamber) of 27 November 2007. # Gateway, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-434/05.
Judgment of the Court of First Instance (Fifth Chamber) of 27 November 2007.
Gateway, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-434/05.
Judgment of the Court of First Instance (Fifth Chamber) of 27 November 2007.
Gateway, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-434/05.
European Court Reports 2007 II-00163*
ECLI identifier: ECLI:EU:T:2007:359
Judgment of the Court of First Instance (Fifth Chamber) of 27 November 2007 – Gateway v OHIM – Fujitsu Siemens Computers (ACTIVY Media Gateway)
(Case T-434/05)
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
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 50-51)
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. |
Information relating to the case
|
Applicant for the Community trade mark: |
Fujitsu Siemens Computers GmbH |
|
Community trade mark sought: |
Word mark ACTIVY Media Gateway for goods and services in Classes 9, 35, 38 and 42 – Application No 2190627 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Gateway, Inc. |
|
Mark or sign cited in opposition: |
Community and national word marks and figurative marks GATEWAY, GATEWAY 2000, GATEWAY.NET, GATEWAY PROFILE and GATEWAY ASTRO, for goods and services in Classes 9, 16, 35, 36, 37 and 38 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
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). |