Case T-281/07: Judgment of the Court of First Instance of 12 November 2008 — ecoblue v OHIM — Banco Bilbao Vizcaya Argentaria (Ecoblue) (Community trade mark — Opposition proceedings — Application for the Community word mark Ecoblue — Earlier Community word mark BLUE — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2008-11-12
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

10.1.2009

EN

Official Journal of the European Union

C 6/27

Judgment of the Court of First Instance of 12 November
2008 — ecoblue v OHIM — Banco Bilbao Vizcaya
Argentaria (Ecoblue)

Defendant: B2 Test SA (Gardanne, France)
M. Baffert, lawyer)

(represented by:

(Case T-281/07) (1)

Re:

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark Ecoblue — Earlier Com-
munity word mark BLUE — Relative ground for refusal —
confusion — Similarity of
signs —
Likelihood of
Article 8(1)(b) of Regulation (EC) No 40/94)

the

Application under Article 238 EC seeking to obtain repayment
of the balance of the advance paid by the European Community,
the
plus late-payment interest thereon,
contract BRST-CT-98-5452, and the payment of damages with
interest.

in the framework of

(2009/C 6/54)

Language of the case: English

Parties

Operative part of the judgment

The Court:

Applicant: ecoblue AG (Munich-Bogenhausen, Germany) (repre-
sented by: C. Osterrieth and T. Schmitz, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: D. Botis, acting as
Agent)

1. Orders B2 Test SA to repay to the Commission the principal sum
of EUR 43 437,94, increased by late-payment interest at the stat-
utory annual rate applicable in France, from 31 July 2002 until
the debt has been paid in full;

2. Dismisses the action as to the remainder;

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

3. Orders B2 Test to pay the costs.

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 25 April 2007 (Case R 844/2006-1), concerning
opposition proceedings between Banco Bilbao Vizcaya Argen-
taria, SA and ecoblue AG.

(1) OJ C 269, 10.11.2007.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ecoblue AG to pay the costs.

(1) OJ C 235, 6.10.2007.

Judgment of the Court of First Instance of 25 November
2008 — Caisse fédérale du Crédit mutuel Centre-Est
Europe v OHIM (SURFCARD)

(Case T-325/07) (1)

(Community trade mark — Application for Community word
mark SURFCARD — Absolute ground for refusal — Partially
descriptive character — Article 7(1)(c) of Regulation (EC)
No 40/94)

(2009/C 6/56)

Language of the case: French

Judgment of the Court of First Instance of 19 November
2008 — Commission v B2 Test

(Case T-317/07) (1)

Parties

(Arbitration clause — Contract concluded in the framework of
the specific programme for research and technological develop-
ment, including demonstration, in the field of industrial and
materials technologies (1994-1998) — Breach of contract —
Repayment of balance of advance paid by the Commission)

(2009/C 6/55)

Language of the case: French

Applicant: Caisse fédérale du Crédit mutuel Centre-Est Europe
(CFCMCEE)
(represented by: P. Greffe,
J. Schouman and L. Paudrat, lawyers)

(Strasbourg, France)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, Agent)

(represented by: A.

and Designs)

Parties

Applicant: Commission of the European Communities (repre-
sented by: L. Escobar Guerrero, Agent, assisted by E. Boutier and
J. Marthan, lawyers)

Action brought against the decision of the First Board of Appeal
of OHIM of 14 June 2007 (Case R 1130/2006-1) concerning
an application for registration of the word sign SURFCARD as a
Community trade mark.

Re: