Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 16.12.2006 | EN | Official Journal of the European Union | C 310/18 |

---

Action brought on 17 February 2006 — González Sánchez v OHIM — Bankinter (ENCUENTA)

(Case T-49/06)

(2006/C 310/36)

Language in which the application was lodged: Spanish

Parties

Applicant: Francisco Javier González Sánchez (Madrid, Spain) (represented by: G. Justicia González, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: BANKINTER S.A.

Form of order sought

|  |  |
| --- | --- |
| — | annul the decision of the Second Board of Appeal of OHIM of 16 December 2005, notified on 21 December 2005, in Case R 1116/2005-2, granting the applicant time within which to bring an appeal against the opposition to the mark applied for, which had been refused by OHIM on the ground that its appeal was out of time. |

Pleas in law and main arguments

Applicant for a Community trade mark: Confederaciόn Española de Cajas de Ahorro.

Community trade mark concerned: Word mark ‘ENCUENTA’ for goods and services in Classes 16, 36 and 38 — Application No 2 534 584.

Proprietor of the mark or sign cited in the opposition proceedings: BANKINTER S.A.

Mark or sign cited in opposition: Community figurative mark ‘ecuenta — ebankinter’ for goods and services in Classes 16, 36 and 38 — Trade mark No 2 396 760.

Decision of the Opposition Division: Opposition refusing the application for registration upheld.

Decision of the Board of Appeal: Appeal inadmissible.

Pleas in law: Infringement of Rules 61 to 69 on notifications in Regulation (EC) No 2869/95[(1)](#ntr1-C_2006310EN.01001801-E0001).

---

[Top](#document1)