Source: EURLEX
Language: en
Format: md

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| 9.7.2005 | EN | Official Journal of the European Union | C 171/17 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 May 2005

in Case T-390/03 CM Capital Markets Holding SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005171EN.01001702-E0001)

(Community trade mark - Opposition proceedings - Earlier figurative mark including the expression ‘capital markets CM’ - Application for Community figurative mark including the element ‘CM’ - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2005/C 171/30)

Language of the case: Spanish

In Case T-390/03: CM Capital Markets Holding SA, established in Madrid (Spain), represented initially by N. Moya Fernández and J. Calderón Chavero, and subsequently by J. Calderón Chavero and T. Villate Consonni, lawyers, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: O. Montalto and I. de Medrano Caballero), the other party to the proceedings before the Board of Appeal of OHIM having been Caja de Ahorros de Murcia, established in Murcia (Spain) — Action against a decision of the First Board of Appeal of OHIM of 17 September 2003 (Case R 244/2003-1), relating to opposition proceedings between CM Capital Markets Holding SA and Caja de Ahorros de Murcia — the Court of First Instance (Third Chamber), composed of M. Jaeger, President, V. Tiili and O. Czúcz, Judges; B. Pastor, Deputy Registrar, for the Registrar, gave a judgment on 11 May 2005, in which it:

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| 1. | Dismisses the application; |

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| 2. | Orders the applicant to pay the costs. |

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