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Document 62005TA0181

Case T-181/05: Judgment of the Court of First Instance of 16 April 2008 — Citigroup and Citibank v OHIM — Citi (CITI) (Community trade mark — Opposition proceedings — Application for the Community figurative trade mark CITI — Earlier Community word mark CITIBANK — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 40/94)

SL C 128, 24.5.2008, p. 32–32 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

24.5.2008   

EN

Official Journal of the European Union

C 128/32


Judgment of the Court of First Instance of 16 April 2008 — Citigroup and Citibank v OHIM — Citi (CITI)

(Case T-181/05) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative trade mark CITI - Earlier Community word mark CITIBANK - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EC) No 40/94)

(2008/C 128/69)

Language of the case: English

Parties

Applicants: Citigroup, Inc., formerly Citicorp, (New York, New York, United States), and Citibank, NA, (New York) (represented by: initially V. von Bomhard, A.W. Renck and A. Pohlmann, lawyers, and subsequently by V. von Bomhard, A.W. Renck, and H. O'Neill, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo and D. Botis, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Citi, SL (Madrid, Spain) (represented by: M. Peris Riera, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2005 (Case R 173/2004-1) in respect of opposition proceedings between Citicorp and Citi SL and opposition proceedings between Citibank NA and Citi SL

Operative part of the judgment

The Court:

1.

Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 March 2005 (Case R 173/2004-1);

2.

Orders OHIM to bear its own costs and to pay the costs of Citigroup, Inc., and Citibank, NA, including those costs incurred in the proceedings before the Board of Appeal;

3.

Orders Citi, SL, to bear its own costs.


(1)  OJ C 171, 9.7.2005.


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