Source: EURLEX
Language: en
Format: md

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| 24.5.2008 | EN | Official Journal of the European Union | C 128/32 |

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Judgment of the Court of First Instance of 16 April 2008 — Citigroup and Citibank v OHIM — Citi (CITI)

(Case T-181/05)[(1)](#ntr1-C_2008128EN.01003202-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative trade mark CITI - Earlier Community word mark CITIBANK - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EC) No 40/94)

(2008/C 128/69)

Language of the case: English

Parties

Applicants: Citigroup, Inc., formerly Citicorp, (New York, New York, United States), and Citibank, NA, (New York) (represented by: initially V. von Bomhard, A.W. Renck and A. Pohlmann, lawyers, and subsequently by V. von Bomhard, A.W. Renck, and H. O'Neill, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo and D. Botis, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Citi, SL (Madrid, Spain) (represented by: M. Peris Riera, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2005 (Case R 173/2004-1) in respect of opposition proceedings between Citicorp and Citi SL and opposition proceedings between Citibank NA and Citi SL

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 March 2005 (Case R 173/2004-1); |

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| 2. | Orders OHIM to bear its own costs and to pay the costs of Citigroup, Inc., and Citibank, NA, including those costs incurred in the proceedings before the Board of Appeal; |

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| 3. | Orders Citi, SL, to bear its own costs. |

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