Judgment of the Court of First Instance (Fifth Chamber) of 22 March 2007 – Brinkmann v OHIM – Terra Networks (Terranus)

(Case T‑322/05)

Community trade mark – Opposition proceedings – Application for Community work mark Terranus – Earlier Community and national figurative mark terra – Relative ground for refusal – Likelihood of confusion – Similar goods and services – Art. 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 36-39, 41)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 10 June 2005 (Case R 1145/2004-1) relating to opposition proceedings between Terra Networks, SA and Carsten Brinkmann.

Information relating to the case

Applicant for the Community trade mark:	Carsten Brinkmann
Community trade mark sought:	Word mark Terranus for goods and services in class 36 – Application No 2061968
Proprietor of the mark or sign cited in the opposition proceedings:	Terra Networks, SA
Mark or sign cited in opposition:	Figurative brand terra for goods and services in class 36 (Community mark No 1332691, as well as Spanish mark No 2261483)
Decision by the Opposition Division:	Application dismissed
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

Dismisses the action;

Orders the applicant to pay the costs.