The national mark "ponto T" was applied by TMN in 2008 for a range of goods and services connected to telecommunications in classes 9, 16, 35, 38, and 42 of the Nice Classification. The mark was opposed by Deutsche Telekom AG on the basis of its community trademark for the Magenta color and several other Magenta T marks.

The Trademark Office (INPI) rejected the opposition based on the fact that TMN had prior marks for the letter T and considering that color was not sufficient to induce risk of confusion.

On appeal the court revoked INPI's granting decision. The judge was impressed by the fact that the opponent holds several marks sharing the same dominant elements which appear also in the contested mark, in particular an identical color: "it is clear from the marks under comparison, that the letter, the square or circle design, and the color «fuchsia» or magenta are the nuclear or dominant elements that characterize said signs". The court stressed that the colors are identical and not simply "similar" or "close" as the INPI had referred in the granting decision.