Order of the Court (Fifth Chamber) of 15 February 2008. – Carsten Brinkmann v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

Subject of the case

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 22 March 2007 in Case T 322/05 Brinkmann v OHIM – Terra Networks ( Terranus ) dismissing the action brought by the applicant for the Community word mark ‘TERRANUS’ (for goods in Class 36) for annulment of Decision R 1145/2004-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 June 2005, by which the appeal against the decision of the Opposition Division to refuse registration of the mark was dismissed in opposition proceedings brought by the holder of the Community trade mark and national figurative mark ‘TERRA’ for goods in Class 36 – Likelihood of confusion between the two marks.

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Mr Brinkmann to pay the costs.