(Case T-172/04)

Community trade mark – Opposition proceedings – Application for the figurative Community trade mark emergia – Earlier word Community trade mark EMERGEA – Likelihood of confusion – Refusal to register – Article 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 74-75, 82)

Re:

ACTION for annulment of the decision of the First Board of Appeal of OHIM of 12 March 2004 (Case R 676/2002-1) relating to opposition proceedings between David Branch and Telefónica, SA.

Information relating to the case

Applicant for the Community trade mark:

Telefónica, SA

Community trade mark sought:

Figurative mark emergia for goods and services in Classes 9, 38 and 42 – Application No 1694157

Proprietor of the mark or sign cited in the opposition proceedings:

David Branch

Mark or sign cited in opposition:

Community word mark EMERGEA for goods and services in Class 38

Decision of the Opposition Division:

Opposition upheld in part in so far as concerning ‘telecommunications and communications by computer networks’ in Class 38

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

Dismisses the action;

Orders the applicant to pay the costs.