4.8.2014

Official Journal of the European Union

C 253/32

Action brought on 28 April 2014 — City Index/OHIM — Citigroup and Citibank (CITY INDEX)

(Case T-269/14)

2014/C 253/47

Language in which the application was lodged: English

Parties

Applicant: City Index Ltd (London, United Kingdom) (represented by: B. Brandreth, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other parties to the proceedings before the Board of Appeal: Citigroup, Inc. and Citibank, NA (New York, USA)

Form of order sought

The applicant claims that the Court should:

—	Partially annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 February 2014 in case R 172/2013-2 that upheld the opposition in respect of goods and services in Classes 9, 16 and 36;

—	Order the defendant to pay the applicant its costs incurred before the Board of Appeal and the General Court.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘CITY INDEX’ for goods and services in Classes 9, 16, 36 and 41 — Community trade mark application No 7 4 58 094

Proprietor of the mark or sign cited in the opposition proceedings: Citigroup, Inc. and Citibank, NA

Mark or sign cited in opposition: The figurative mark containing the word element ‘citi’ for goods and services in Classes 9, 16, 36 and 42, the community and national figurative marks containing the word elements ‘citifinancial’ and ‘citibank’, as well as the community and national word marks ‘CITICAPITAL’, ‘CITIMONEY’, ‘CITIFINANCIAL’, ‘CITI’, ‘CITIBOND’, ‘CITICONNECT’, ‘CITIBANK’ and ‘CITICARD’

Decision of the Opposition Division: The opposition was rejected

Decision of the Board of Appeal: The decision of the Opposition Division was partially annulled and the Community trade mark application partially rejected

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009