CELEX: 62009TA0301
Language: en
Date: 2012-09-26 00:00:00
Title: Case T-301/09: Judgment of the General Court of 26 September 2012 — IG Communications Ltd v OHIM — Citigroup and Citibank (CITIGATE) (Community trade mark — Opposition proceedings — Application for Community word mark CITIGATE — Earlier national and Community word and figurative marks containing the element ‘citi’ — Relative grounds for refusal — Likelihood of confusion — Family of trade marks — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation No 207/2009)

10.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 343/12
            
         Judgment of the General Court of 26 September 2012 — IG Communications Ltd v OHIM — Citigroup and Citibank (CITIGATE)
   (Case T-301/09) (1)
   
   (Community trade mark - Opposition proceedings - Application for Community word mark CITIGATE - Earlier national and Community word and figurative marks containing the element ‘citi’ - Relative grounds for refusal - Likelihood of confusion - Family of trade marks - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation No 207/2009)
   2012/C 343/17
   Language of the case: English
   
      Parties
   
   
      Applicant: IG Communications Ltd (London, United Kingdom) (represented by: M. Edenborough QC and R. Beard, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)
   
      Other parties to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Citigroup, Inc. (New York, New York, United States); and Citibank, NA (New York) (represented: initially by V. von Bomhard, A. Renck, lawyers, and H. O’Neill, Solicitor, and subsequently by V. von Bomhard and A. Renck)
   
      Re:
   
   Action against the decision of the First Board of Appeal of OHIM of 30 April 2009 (Case R 821/2005-1) concerning opposition proceedings between Citigroup, Inc. and Citibank, NA, on the one hand, and IG Communications Ltd on the other.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders IG Communications Ltd to pay the costs.
            
         
      (1)  OJ C 244, 10.10.2009.