CELEX: 62005TA0181
Language: en
Date: 2008-04-16 00:00:00
Title: Case T-181/05: Judgment of the Court of First Instance of 16 April 2008 — Citigroup and Citibank v OHIM — Citi (CITI) (Community trade mark — Opposition proceedings — Application for the Community figurative trade mark CITI — Earlier Community word mark CITIBANK — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 40/94)

24.5.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 128/32
            
         Judgment of the Court of First Instance of 16 April 2008 — Citigroup and Citibank v OHIM — Citi (CITI)
   (Case T-181/05) (1)
   
   (Community trade mark - Opposition proceedings - Application for the Community figurative trade mark CITI - Earlier Community word mark CITIBANK - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EC) No 40/94)
   (2008/C 128/69)
   Language of the case: English
   Parties
   
      Applicants: Citigroup, Inc., formerly Citicorp, (New York, New York, United States), and Citibank, NA, (New York) (represented by: initially V. von Bomhard, A.W. Renck and A. Pohlmann, lawyers, and subsequently by V. von Bomhard, A.W. Renck, and H. O'Neill, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo and D. Botis, Agents)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Citi, SL (Madrid, Spain) (represented by: M. Peris Riera, lawyer)
   Re:
   Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2005 (Case R 173/2004-1) in respect of opposition proceedings between Citicorp and Citi SL and opposition proceedings between Citibank NA and Citi SL
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 March 2005 (Case R 173/2004-1);
            
         
               2.
            
            
               Orders OHIM to bear its own costs and to pay the costs of Citigroup, Inc., and Citibank, NA, including those costs incurred in the proceedings before the Board of Appeal;
            
         
               3.
            
            
               Orders Citi, SL, to bear its own costs.
            
         
      (1)  OJ C 171, 9.7.2005.