Community trade mark Opposition proceedings Relative ground for refusal Likelihood of confusion Similarity of signs Application for Community word mark WORLDLINK Earlier national figurative mark LiNK Restriction of services covered in the trade mark application Identity of services Articles 73 and 74 of Regulation (EC) No 40/94
Sumário
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.
Texto da decisão
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. |