CELEX: 62004TJ0325
Language: en
Date: 2008-02-27
Title: Judgment of the Court of First Instance (Second Chamber) of 27 February 2008. # Citigroup, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark WORLDLINK - Earlier national figurative mark LiNK - Relative ground for refusal - Likelihood of confusion - Restriction of services covered in the trade mark application - Identity of services - Similarity of signs - Articles 73 and 74 of Regulation (EC) No 40/94. # Case T-325/04.

Judgment of the Court of First Instance (Second Chamber) of 27 February 2008 – Citigroup v OHIM – Link Interchange Network
            (WORLDLINK) 
      (Case T-325/04)
      Community trade mark – Opposition proceedings – Application for Community word mark WORLDLINK – Earlier national figurative mark LiNK – Relative ground for refusal – Likelihood of confusion – Restriction of services covered in the trade mark application – Identity of services – Similarity of signs – Articles 73 and 74 of Regulation (EC) No 40/94
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 95-96, 101)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 18 May 2004 (Case R 789/2002-1) relating to opposition
                  proceedings between Link Interchange Network Ltd and Citigroup, Inc.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Citigroup, Inc.
            
         
               Community trade mark sought:
            
            
               Word mark WORLDLINK for goods and services in Classes 9, 16 and 36 – Application No 111880
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Link Interchange Network Ltd
            
         
               Mark or sign cited in opposition:
            
            
               National figurative mark LiNK for goods in Class 36
            
         
               Decision of the Opposition Division:
            
            
               Application for registration dismissed for goods in Class 36: financial and monetary matters
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Citigroup, Inc. to pay the costs.