CELEX: 62009TN0301
Language: en
Date: 2009-07-28 00:00:00
Title: Case T-301/09: Action brought on 28 July 2009 — IG Communications v OHIM — Citicorp and Citibank (CITIGATE)

10.10.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 244/10
            
         Action brought on 28 July 2009 — IG Communications v OHIM — Citicorp and Citibank (CITIGATE)
   (Case T-301/09)
   2009/C 244/15
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicants: IG Communications Ltd (London, United Kingdom) (represented by: R. Beard, Solicitor and M. Edenborough, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Citicorp and Citibank, N.A. (New York, United States)
   
      Form of order sought
   
   
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               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 April 2009 in case R 821/2005-1 in its entirety, or alternatively in part; and
            
         
               —
            
            
               Award the applicant the costs incurred in connection with this appeal before the Court of First Instance.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘CITIGATE’, for goods and services in classes 9, 16, 35 and 42
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited: German trade mark registration of the word mark ‘CITI’ for services in class 36; Community trade mark application of the figurative mark ‘citi’ for goods and services in classes 9, 16 and 36; Community trade mark registration of the word mark ‘CITICORP’ for goods and services in classes 9, 16 and 36; Community trade mark registration of the word mark ‘CITIGROUP’ for goods and services in classes 9, 16 and 36; Community trade mark registration of the word mark ‘CITIBOND’ for goods and services in classes 16, 36 and 38; Community trade mark registration of the word mark ‘CITIEQUITY’ for goods and services in classes 16, 36 and 42; Community trade mark registration of the word mark ‘CITIGARANT’ for goods and services in classes 16, 35, 36 and 42; Community trade mark registration of the word mark ‘CITIBANK’ for goods and services in classes 9, 16 and 36; Community trade mark registration of the word mark ‘CITICARD’ for goods and services in classes 9, 16 and 36; Community trade mark registration of the word mark ‘CITIGOLD’ for goods and services in classes 9, 16 and 36; German trade mark registration of the word mark ‘CITIBANK’ for services in class 36; United Kingdom trade mark registration of the word mark ‘CITIBANK’ for services in class 36; Community trade mark registration of the word mark ‘THE CITI NEVER SLEEPS’ for goods and services in classes 9, 16 and 36.
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Annulled the contested decision and rejected the Community trade mark applied for
   
      Pleas in law: Infringement of Article 8(1)(b) Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a family of earlier trade marks and, as a consequence, that there was a likelihood of confusion between the trade marks concerned; Infringement of Article 8(5) Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a family of earlier trade marks and, as a consequence, that there was a conflict between the trade marks concerned.