Case T-490/08: Action brought on 17 November 2008 — CM Capital Markets v OHIM — Carbon Capital Markets (CARBON CAPITAL MARKETS Emissions Compliance Solutions & Carbon Finance)
Date: 2008-11-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 6/42

EN

Official Journal of the European Union

10.1.2009

The applicant puts forward the following arguments in support
of its action:

— uphold the applicant's claims;

— Infringement of Article 10 of Regulation (EC) No 1655/2000
of the European Parliament and of the Council of 17 July
2000 concerning the Financial Instrument for the Environ-
ment (LIFE) (1).

— Inapplicability of Article 14 of the Standard administrative
provisions Life — nature,
in so far as the applicant has
always acted properly and consistently in a spirit of coopera-
tion and has always responded promptly to each of the
Commission's requests. Moreover, the ‘Pneuma’ project was
realised in full, made functional and tested.

— Discriminatory nature of the decision in question and infrin-
gement of the general principle of protection of legitimate
expectations.

(1) OJ L 192, 28.7.2000, p. 1.

Action brought on 17 November 2008 — CM Capital
Markets v OHIM — Carbon Capital Markets (CARBON
CAPITAL MARKETS Emissions Compliance Solutions &
Carbon Finance)

(Case T-490/08)

(2009/C 6/82)

Language in which the application was lodged: Spanish

Parties

Applicant: CM Capital Markets Holding SA (Madrid, Spain)
(represented by: J. Calderón Chavero and T. Villate Consonni,
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:
Carbon Capital Markets Ltd (London, United Kingdom)

— order OHIM to pay the costs of the present proceedings

should they be contested and reject its claims.

Pleas in law and main arguments

Applicant for a Community trade mark: Carbon Capital Markets
Limited.

Community trade mark concerned: Figurative mark ‘CARBON
CAPITAL MARKETS (Emissions Compliance Solutions &
Carbon Finance)’
(Application No 4.480.349), for services in
Class 36.

Proprietor of the mark or sign cited in the opposition proceed-
ings: The applicant.

Mark or sign cited in opposition: Community figurative mark
‘Capital Markets’
(Application No 3.409.281), for services in
Classes 35, 36 and 42; Spanish figurative mark ‘Capital
Markets’, for services in Class 36.

Decision of the Opposition Division: Rejection of the opposi-
tion.

Decision of the Board of Appeal: Rejection of the appeal.

in law:

Pleas
No 40/94 on the Community trade mark.

Infringement of Article 8(1)(b) of Regulation

Order of the Court of First Instance of 17 November 2008
— Hynix Semiconductor v Council

(Case T-383/03) (1)

(2009/C 6/83)

Language of the case: English

The President of the Sixth Chamber has ordered that the case be
removed from the register.

Form of order sought

(1) OJ C 21, 24.1.2004.

— annul the decision of the First Board of Appeal of OHIM of
3 September 2008 in Case R-16/2008-1, which would lead
to the rejection of the contested trade mark in its entirety;