Source: EURLEX
Language: en
Format: md

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| 20.10.2012 | EN | Official Journal of the European Union | C 319/12 |

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Action brought on 10 August 2012 — MOL v OHIM — Banco Bilbao Vizcaya Argentaria (MOL Blue Card)

(Case T-367/12)

2012/C 319/23

Language in which the application was lodged: English

Parties

Applicant: MOL Magyar Olaj- és Gázipari Nyrt. (Budapest, Hungary) (represented by: K. Szamosi, lawyer)

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

Other party to the proceedings before the Board of Appeal: Banco Bilbao Vizcaya Argentaria, SA (Bilbao, Spain)

Form of order sought

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| — | Alter the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 May 2012 in case R 2532/2011-2, and render the registration of the contested trade mark application as a Community trade mark with regard to all goods and services concerned; and |

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| — | Order the defendant to pay the applicant’s costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘MOL Blue Card’ for among other goods and services in classes 35 and 36 — Community trade mark application No W01030440

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 8549172 of the word mark ‘BLUE’ for among others services in class 35; Community trade mark registration No 2065621 of the word mark ‘BLUE BBVA’ for among others services in classes 35 and 36; Community trade mark registration No 2277291 of the word mark ‘TARJETA BLUE BBVA’ for among others services in class 36

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Upheld the appeal and refused the application for all services in classes 35 and 36

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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