CELEX: 62014TN0323
Language: en
Date: 2014-05-07 00:00:00
Title: Case T-323/14: Action brought on 7 May 2014 — Bankia/OHIM — Banco ActivoBank (Portugal) (Bankia)

11.8.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 261/25
            
         Action brought on 7 May 2014 — Bankia/OHIM — Banco ActivoBank (Portugal) (Bankia)
   (Case T-323/14)
   2014/C 261/48
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Bankia, SA (Valencia, Spain) (represented by: F. De Barba, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Banco ActivoBank (Portugal), SA (Lisboa, Portugal)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Chamber of the Board of Appeal of 14 February 2014 in cases R 649/2013-2 and R 744/2013-2, so that the Community trade mark application no1 0 1 25  284‘BANKIA’ be granted for all the goods and services;
            
         
               —
            
            
               Condemn the opponent and/or the OHIM to pay the costs incurred by the applicant/appellant in connection with this appeal.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark containing the word element ‘Bankia’ for goods and services in Classes 9, 16, 35, 36, 38, 41 and 45 — Community trade mark application no1 0 1 25  284
   
      Proprietor of the mark or sign cited in the opposition proceedings: Banco ActivoBank (Portugal), SA
   
      Mark or sign cited in opposition: The national word mark ‘BANKY’ for services in Class 36
   
      Decision of the Opposition Division: The opposition was partially upheld
   
      Decision of the Board of Appeal: The appeal of BANKIA S.A. was dismissed and the appeal of Banco ActivoBank (Portugal), SA partially upheld, rejecting the contested trade mark for a wider range of services
   
      Pleas in law: Infringement of Art. 8(1)(b) of Regulation No 207/2009