2.7.2011
EN
Official Journal of the European Union
C 194/16
Action brought on 18 April 2011 — TeamBank v OHIM — Fercredit Servizi Finanziari (f@ir Credit)
(Case T-220/11)
2011/C 194/26
Language in which the application was lodged: German
Parties
Applicant: TeamBank AG Nürnberg (Nuremberg, Germany) (represented by: T. Kiphuth, H. Lindner and D. Terheggen, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Fercredit Servizi Finanziari SpA (Rome, Italy)
Form of order sought
—
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 February 2011 in Appeal R 719/2010-1;
—
Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: Figurative mark ‘f@ir Credit’ for services in Class 36 (Registration No 6 947 766).
Proprietor of the mark or sign cited in the opposition proceedings: Fercredit Servizi Finanziari SpA.
Mark or sign cited in opposition: Figurative mark ‘FERCREDIT’ for goods and services in Classes 6, 7, 12, 14, 16, 18, 25, 35, 36, 39, 41, 42, 43 and 44 (Community trade mark Nr 3 749 801), the opposition being brought against the registration of services in Class 36.
Decision of the Opposition Division: Opposition upheld.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) as there is no likelihood of confusion between the opposing marks.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version), (OJ 2009 L 78, p. 1).
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