Source: EURLEX
Language: en
Format: md

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| 2.7.2011 | EN | Official Journal of the European Union | C 194/16 |

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Action brought on 18 April 2011 — TeamBank v OHIM — Fercredit Servizi Finanziari (f@ir Credit)

(Case T-220/11)

2011/C 194/26

Language in which the application was lodged: German

Parties

Applicant: TeamBank AG Nürnberg (Nuremberg, Germany) (represented by: T. Kiphuth, H. Lindner and D. Terheggen, lawyers)

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

Other party to the proceedings before the Board of Appeal: Fercredit Servizi Finanziari SpA (Rome, Italy)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 February 2011 in Appeal R 719/2010-1; |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Figurative mark ‘f@ir Credit’ for services in Class 36 (Registration No 6 947 766).

Proprietor of the mark or sign cited in the opposition proceedings: Fercredit Servizi Finanziari SpA.

Mark or sign cited in opposition: Figurative mark ‘FERCREDIT’ for goods and services in Classes 6, 7, 12, 14, 16, 18, 25, 35, 36, 39, 41, 42, 43 and 44 (Community trade mark Nr 3 749 801), the opposition being brought against the registration of services in Class 36.

Decision of the Opposition Division: Opposition upheld.

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

Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 207/2009,[(1)](#ntr1-C_2011194EN.01001602-E0001) as there is no likelihood of confusion between the opposing marks.

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