CELEX: 62008TN0563
Language: en
Date: 2008-12-16 00:00:00
Title: Case T-563/08: Action brought on 16 December 2008 — CM Capital Markets v OHIM — Carbon Capital Markets (CM Capital Markets)

21.2.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 44/63
            
         Action brought on 16 December 2008 — CM Capital Markets v OHIM — Carbon Capital Markets (CM Capital Markets)
   (Case T-563/08)
   (2009/C 44/107)
   Language in which the application was lodged: Spanish
   Parties
   
      Applicant: CM Capital Markets Holding, SA (Madrid, Spain), (represented by: T. Villate Consonni and J. Calderón Chavero, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Carbon Capital Markets Ltd (London, United Kingdom)
   Form of order sought
   
               —
            
            
               Annul the decision of the First Board of Appeal of OHIM of 26 September 2008 in Case R-015/2008-1, which would lead to the refusal of the contested mark in its entirety;
            
         
               —
            
            
               Uphold the applicant's claims, and
            
         
               —
            
            
               Order OHIM to pay the costs of the present proceedings should they be contested and reject its claims.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: CARBON CAPITAL MARKETS LIMITED.
   
      Community trade mark concerned: The word mark ‘CARBON CAPITAL MARKETS’ (Application No 4 480 208) for services in class 36.
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
   
      Mark or sign cited in opposition: The national and Community figurative marks ‘CAPITAL MARKETS’ for services in class 36.
   
      Decision of the Opposition Division: Opposition rejected.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.