Judgment of the Court of First Instance of 11 May 2005 in Case T-390/03 CM Capital Markets Holding SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Earlier figurative mark including the expression ‘capital markets CM’ — Application for Community figurative mark including the element ‘CM’ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

9.7.2005

EN

Official Journal of the European Union

C 171/17

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 May 2005

of 11 May 2005

in Case T-193/03, Giuseppe Piro v Commission of the
European Communities (1)

in Case T-390/03 CM Capital Markets Holding SA v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Officials — Action for annulment — Staff report — State-
ment of reasons — Action for damages — Non-material
damage)

(2005/C 171/29)

(Community trade mark — Opposition proceedings —
Earlier figurative mark including the expression ‘capital
markets CM’ — Application for Community figurative mark
including the element ‘CM’ — Relative ground for refusal —
Likelihood of confusion — Article 8(1)(b) of Regulation (EC)
No 40/94)

(Language of the case: French)

(2005/C 171/30)

In Case T-193/03, Giuseppe Piro, an official of the Commission
of the European Communities, residing in Wezembeek Oppem
(Belgium), represented by S. Orlandi, A. Coolen, J.-N. Louis, E.
Marchal and X. Martin Membiela, lawyers, with an address for
service in Luxembourg, against Commission of the European
(Agents: C. Berardis-Kayser and H. Tserepa-
Communities
Lacombe, with an address for service in Luxembourg) — appli-
cation for annulment of the Commission's decision adopting
the applicant's definitive staff report for the period 1999/2001
and for damage — the Court of First Instance (Fifth Chamber),
composed of M. Vilaras, President, M.E. Martins Ribeiro and K.
Jürimäe, Judges; I. Natsinas, Administrator, for the Registrar,
gave a judgment on 10 May 2005, in which it:

1. Orders the Commission to pay the applicant one euro as compen-

sation for the non-material damage suffered;

(Language of the case: Spanish)

(OHIM)

In Case T-390/03: CM Capital Markets Holding SA, established
in Madrid (Spain), represented initially by N. Moya Fernández
and J. Calderón Chavero, and subsequently by J. Calderón
Chavero and T. Villate Consonni, lawyers, against Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs)
(Agents: O. Montalto and I. de Medrano
Caballero), the other party to the proceedings before the Board
of Appeal of OHIM having been Caja de Ahorros de Murcia,
established in Murcia (Spain) — Action against a decision of
the First Board of Appeal of OHIM of 17 September 2003
relating to opposition proceedings
(Case R 244/2003-1),
between CM Capital Markets Holding SA and Caja de Ahorros
de Murcia — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President, V. Tiili and O. Czúcz, Judges;
B. Pastor, Deputy Registrar, for the Registrar, gave a judgment
on 11 May 2005, in which it:

2. Dismisses the remainder of the action;

1. Dismisses the application;

3. Orders the Commission to bear its own costs and to pay half of
the applicant's. The applicant is ordered to bear half of his own
costs.

2. Orders the applicant to pay the costs.

(1) OJ C 184 of 2.8.2003.

(1) OJ C 21 of 24.1.2004.