CELEX: 62008TN0490
Language: en
Date: 2008-11-17 00:00:00
Title: Case T-490/08: Action brought on 17 November 2008 — CM Capital Markets v OHIM — Carbon Capital Markets (CARBON CAPITAL MARKETS Emissions Compliance Solutions & Carbon Finance)

10.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/42
            
         Action brought on 17 November 2008 — CM Capital Markets v OHIM — Carbon Capital Markets (CARBON CAPITAL MARKETS Emissions Compliance Solutions & Carbon Finance)
   (Case T-490/08)
   (2009/C 6/82)
   Language in which the application was lodged: Spanish
   Parties
   
      Applicant: CM Capital Markets Holding SA (Madrid, Spain) (represented by: J. Calderón Chavero and T. Villate Consonni, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Carbon Capital Markets Ltd (London, United Kingdom)
   Form of order sought
   
               —
            
            
               annul the decision of the First Board of Appeal of OHIM of 3 September 2008 in Case R-16/2008-1, which would lead to the rejection of the contested trade mark in its entirety;
            
         
               —
            
            
               uphold the applicant's claims;
            
         
               —
            
            
               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: Figurative mark ‘CARBON CAPITAL MARKETS (Emissions Compliance Solutions & Carbon Finance)’ (Application No 4.480.349), for services in Class 36.
   Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
   Mark or sign cited in opposition: Community figurative mark ‘Capital Markets’ (Application No 3.409.281), for services in Classes 35, 36 and 42; Spanish figurative mark ‘Capital Markets’, for services in Class 36.
   Decision of the Opposition Division: Rejection of the opposition.
   
      Decision of the Board of Appeal: Rejection of the appeal.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark.