Case T-281/07: Action brought on 23 July 2007 — ecoblue v OHIM — BBVA (Ecoblue)
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), financial institution, financial management, trade-mark law

6.10.2007

EN

Official Journal of the European Union

C 235/15

Pleas in law: The applicant claims that the contested decision
infringes Article 43 CTMR and Rule 22 CTMIR since the justifi-
cation of the First Board of Appeal, which held that the non-use
of the national trademark ‘LEVELINA’ was justified for a certain
type of pharmaceutical products and preparations, cannot
constitute a ‘proper
for non-use in the sense of
Article 43(2) CTMR. Moreover, the applicant contends that even
if the Court were to consider that the finding of the Board was
correct and that non-use was sufficiently justified, the contested
decision allegedly infringes Article 8(1)(b) CTMR.

reason’

trade mark No 2 065 100),
‘BLUE BBVA’ (Community trade
mark No 2 065 621), ‘TARJETA BLUE BBVA’ (Community trade
mark No 2 277 291), ‘QNTAME BLUE’ (Community trade mark
(Community trade mark
‘HIPOTECA BLUE’
No 2 391 878),
No 2 392 181),
‘HIPOTECA BLUE JOVEN’ (Community trade
mark No 2 794 998) and ‘MOTOR BLUE JOVEN’ (Community
trade mark No 3 060 878).

Decision of the Opposition Division: Opposition upheld and appli-
cation for registration rejected.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), since the opposing marks are not similar and
there is therefore no likelihood of confusion.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 23 July 2007 — ecoblue v OHIM —
BBVA (Ecoblue)

(Case T-281/07)

(2007/C 235/27)

Language in which the application was lodged: German

Parties

Action brought on 24 July 2007 — Tailor v OHIM
(Gesäßtasche links)

Applicant: ecoblue AG (Munich, Germany) (represented by: C.
Osterrieth and T. Schmitz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Banco Bilbao Vizcaya Argentaria, SA

(Case T-282/07)

(2007/C 235/28)

Language of the case: German

Form of order sought

Parties

— annul the decision of the First Board of Appeal of OHIM of

25 April 2007 in Case No R 844/2006-1;

Applicant: Tom Tailor GmbH (Hamburg, Germany) (represented
by: S.O. Gillert, K. Vanden Bossche and F. Schiwek, lawyers)

— reject the opposition filed by Banco Bilbao Vizcaya Argen-

taria, S.A. against the ‘Ecoblue’ word mark applied for;

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

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Form of order sought

— annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 15 May 2007 (Case R 669/2006-1);

Community trade mark concerned: The word mark ‘Ecoblue’ for
services in Classes 35, 36 and 38 (application No 2 871 598).

— order the defendant to pay the costs.

Proprietor of the mark or sign cited in the opposition proceedings:
Banco Bilbao Vizcaya Argentaria, SA.

Pleas in law and main arguments

Mark or sign cited in opposition: The word marks ‘BLUE’ (Com-
munity trade mark No 1 345 974), ‘BLUE JOVEN’ (Community

Community trade mark concerned: The figurative mark ‘Gesäßtasche
links’ for goods in Class 25 (Application No 4 287 751).