CELEX: 62011TN0220
Language: en
Date: 2011-04-18 00:00:00
Title: Case T-220/11: Action brought on 18 April 2011 — TeamBank v OHIM — Fercredit Servizi Finanziari (f@ir Credit)

2.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 194/16
            
         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
   
   
               —
            
            
               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;
            
         
               —
            
            
               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) as there is no likelihood of confusion between the opposing marks.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version), (OJ 2009 L 78, p. 1).