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Case C-57/08 P: Judgment of the Court (Fifth Chamber) of 11 December 2008 — Gateway, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Fujitsu Siemens Computers GmbH (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) and (5) — Earlier marks including the word sign GATEWAY — Word sign ACTIVY Media Gateway — Absence of similarity of the signs — Lack of likelihood of confusion — Taking into account of the renown of earlier marks when carrying out a global assessment of opposing signs)
ECLI:EU:UNKNOWN:62008CA0057
62008CA0057
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Official Journal of the European Union
C 32/10
(Case C-57/08 P)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) and (5) - Earlier marks including the word sign ‘GATEWAY’ - Word sign ‘ACTIVY Media Gateway’ - Absence of similarity of the signs - Lack of likelihood of confusion - Taking into account of the renown of earlier marks when carrying out a global assessment of opposing signs)
(2009/C 32/16)
Language of the case: English
Parties
Appellant: Gateway, Inc. (represented by: C.R. Jones, Solicitor)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), Fujitsu Siemens Computers GmbH
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 27 November 2007 in Case T-434/05 Gateway, Inc. v OHIM by which the Court of First Instance dismissed an action for annulment brought by the proprietor of the Community and national word and figurative marks containing the word element ‘GATEWAY’ in respect of goods in Classes 9, 16, 35, 36, 37 and 38 against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 14 September 2005 in Case R 1068/2004+1 dismissing the appeal brought by the appellant against the Opposition Division's decision, which rejected the opposition brought by the appellant against the application for registration of the word mark ‘ACTIVY Media Gateway’ in respect of goods in Classes 9, 35, 38 and 42
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Gateway, Inc. to pay the costs.
OJ C 171, 5.7.2008.