3.11.2015
EN
Official Journal of the European Union
C 363/38
Judgment of the General Court of 17 September 2015 — Bankia v OHIM — Banco ActivoBank (Portugal) (Bankia)
(Case T-323/14) (1)
((Community trade mark - Opposition proceedings - Application for the Community figurative mark Bankia - Earlier national word mark BANKY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 363/46)
Language of the case: English
Parties
Applicant: Bankia, SA (Valencia, Spain) (represented by: F. De Barba, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Banco ActivoBank (Portugal), SA (Lisbon, Portugal)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 14 February 2014 (Joined Cases R 649/2013-2 and R 744/2013-2) relating to opposition proceedings between Banco ActivoBank (Portugal), SA, and Bankia, SA.
Operative part of the judgment
The Court:
1.
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 February 2014 (Joined Cases R 649/2013-2 and R 744/2013-2) to the extent that it upheld the appeal of Banco ActivoBank (Portugal), SA, concerning the ‘real estate services’ covered by the Community trade mark application in Class 36;
2.
Dismisses the action as to the remainder;
3.
Orders Bankia, SA, and OHIM to bear their own costs.
(1) OJ C 261, 11.8.2014.
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