Action brought on 24 January 2013 — Türkiye Garanti Bankasi/OHIM — Card & Finance Consulting (bonus&more)

(Case T-33/13)

2013/C 86/37

Language in which the application was lodged: English

Parties

Applicant: Türkiye Garanti Bankasi AS (Istanbul, Turkey) (represented by: J. Güell Serra, lawyer)

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

Other party to the proceedings before the Board of Appeal: Card & Finance Consulting GmbH (Nürnberg, Germany)

Form of order sought

The applicant claims that the Court should:

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘bonus&more’, for services in classes 35, 36, 38, 41 and 42 — Community trade mark application No 9 037 251

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

Mark or sign cited in opposition: The International Registration of the figurative mark ‘bonusnet’, for goods and services in classes 9, 35, 36, 38 and 42 — International Registration No 931 921

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Allows the appeal and rejects the opposition

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