This document is an excerpt from the EUR-Lex website
Document 62008TN0563
Case T-563/08: Action brought on 16 December 2008 — CM Capital Markets v OHIM — Carbon Capital Markets (CM Capital Markets)
Case T-563/08: Action brought on 16 December 2008 — CM Capital Markets v OHIM — Carbon Capital Markets (CM Capital Markets)
Case T-563/08: Action brought on 16 December 2008 — CM Capital Markets v OHIM — Carbon Capital Markets (CM Capital Markets)
OJ C 44, 21.2.2009, p. 63–63
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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21.2.2009 |
EN |
Official Journal of the European Union |
C 44/63 |
Action brought on 16 December 2008 — CM Capital Markets v OHIM — Carbon Capital Markets (CM Capital Markets)
(Case T-563/08)
(2009/C 44/107)
Language in which the application was lodged: Spanish
Parties
Applicant: CM Capital Markets Holding, SA (Madrid, Spain), (represented by: T. Villate Consonni and J. Calderón Chavero, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Carbon Capital Markets Ltd (London, United Kingdom)
Form of order sought
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Annul the decision of the First Board of Appeal of OHIM of 26 September 2008 in Case R-015/2008-1, which would lead to the refusal of the contested mark in its entirety; |
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Uphold the applicant's claims, and |
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Order OHIM to pay the costs of the present proceedings should they be contested and reject its claims. |
Pleas in law and main arguments
Applicant for a Community trade mark: CARBON CAPITAL MARKETS LIMITED.
Community trade mark concerned: The word mark ‘CARBON CAPITAL MARKETS’ (Application No 4 480 208) for services in class 36.
Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
Mark or sign cited in opposition: The national and Community figurative marks ‘CAPITAL MARKETS’ for services in class 36.
Decision of the Opposition Division: Opposition rejected.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.