CELEX: 62012TN0367
Language: en
Date: 2012-08-10 00:00:00
Title: Case T-367/12: Action brought on 10 August 2012 — MOL v OHIM — Banco Bilbao Vizcaya Argentaria (MOL Blue Card)

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