# C_2009193EN.01003202.xml

| 15.8.2009 | EN | Official Journal of the European Union | C 193/32 |
| --- | --- | --- | --- |

15.8.2009

EN

Official Journal of the European Union

C 193/32

---

Action brought on 30 June 2009 — Caixa Geral de Depósitos v OHIM — Caixa d'Estalvis i Pensions de Barcelona (‘la Caixa’)

(Case T-255/09)

2009/C 193/51

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Caixa Geral de Depósitos (Lisbon, Portugal) (represented by: F. de la Rosa and M. Lobato García-Miján, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Caixa d'Estalvis i Pensions de Barcelona

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

| — | annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 24 March 2009 based on Article 8(1)(b) of the Regulation on the Community trade mark; |
| --- | --- |

—

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 24 March 2009 based on Article 8(1)(b) of the Regulation on the Community trade mark;

| — | alternatively, annul the earlier decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 24 March 2009 based on Article 7(1)(b) of the Regulation on the Community trade mark; |
| --- | --- |

—

alternatively, annul the earlier decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 24 March 2009 based on Article 7(1)(b) of the Regulation on the Community trade mark;

| — | order OHIM and, if appropriate, the intervener, to pay the costs incurred in these proceedings. |
| --- | --- |

—

order OHIM and, if appropriate, the intervener, to pay the costs incurred in these proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: CAIXA D'ESTALVIS I PENSIONS DE BARCELONA

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark which contents the verbal element ‘la Caixa’ (Application No 4 685 145) for goods and services in classes 9, 16, 36, 38 and 45.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: CAIXA GERAL DE DEPOSITOS S.A.

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

Mark or sign cited in opposition: Various Portuguese word marks which contain the prefix ‘caixa’ (Nos 357 311, 261 198, 268 466, 302 708, 303 290, 325 155, 325 156, 325 224, 330 542 and 342 311) for goods and services in classes 9, 16 and 36, and Portuguese figurative mark (No 357 310) which contains the word ‘caixa’ for goods and services in classes 9, 16 and 36.

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal allowed and contested decision annulled.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 on the Community trade mark and, alternatively, Article 7(1)(b) thereof.

Pleas in law:

---