Order of the Court (Sixth Chamber) of 14 November 2013 — TeamBank Nürnberg v OHIM

(Case C‑524/12 P)

‛Appeal — Community trade mark — Figurative mark f@ir Credit — Opposition by the proprietor of the Community figurative mark FERCREDIT — Refusal of registration’

1. Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 36)

2. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Assessment criteria (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 48)

Re:

Appeal against the judgment of the General Court (Third Chamber) of 19 September 2012 in Case T‑220/11 TeamBank v OHMI - Fercredit Servizi Finanziari, by which the General Court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 3 February 2011 (Case R 719/2010-1) relating to opposition proceedings between Fercredit Servizi Finanziari SpA and TeamBank AG Nürnberg — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Likelihood of confusion between a figurative sign including the word element ‘f@ir Credit’ and an earlier international figurative mark including the word element ‘FERCREDIT’.

Operative part

1. The appeal is dismissed.

2. Team Bank AG Nürnberg is ordered to pay the costs.

Order of the Court (Sixth Chamber) of 14 November 2013 — TeamBank Nürnberg v OHIM

(Case C‑524/12 P)

‛Appeal — Community trade mark — Figurative mark f@ir Credit — Opposition by the proprietor of the Community figurative mark FERCREDIT — Refusal of registration’

1. Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 36)

2. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Assessment criteria (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 48)

Re:

Appeal against the judgment of the General Court (Third Chamber) of 19 September 2012 in Case T‑220/11 TeamBank v OHMI - Fercredit Servizi Finanziari, by which the General Court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 3 February 2011 (Case R 719/2010-1) relating to opposition proceedings between Fercredit Servizi Finanziari SpA and TeamBank AG Nürnberg — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Likelihood of confusion between a figurative sign including the word element ‘f@ir Credit’ and an earlier international figurative mark including the word element ‘FERCREDIT’.

Operative part

1. The appeal is dismissed.