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Case T-490/08: Action brought on 17 November 2008 — CM Capital Markets v OHIM — Carbon Capital Markets (CARBON CAPITAL MARKETS Emissions Compliance Solutions & Carbon Finance)
ECLI:EU:UNKNOWN:62008TN0490
62008TN0490
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Valentina R., lawyer
10.1.2009
EN
Official Journal of the European Union
C 6/42
(Case T-490/08)
(2009/C 6/82)
Language in which the application was lodged: Spanish
Parties
Applicant: CM Capital Markets Holding SA (Madrid, Spain) (represented by: J. Calderón Chavero and T. Villate Consonni, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Carbon Capital Markets Ltd (London, United Kingdom)
Form of order sought
—annul the decision of the First Board of Appeal of OHIM of 3 September 2008 in Case R-16/2008-1, which would lead to the rejection of the contested trade mark in its entirety;
—uphold the applicant's claims;
—order OHIM to pay the costs of the present proceedings should they be contested and reject its claims.
Pleas in law and main arguments
Applicant for a Community trade mark: Carbon Capital Markets Limited.
Community trade mark concerned: Figurative mark ‘CARBON CAPITAL MARKETS (Emissions Compliance Solutions & Carbon Finance)’ (Application No 4.480.349), for services in Class 36.
Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
Mark or sign cited in opposition: Community figurative mark ‘Capital Markets’ (Application No 3.409.281), for services in Classes 35, 36 and 42; Spanish figurative mark ‘Capital Markets’, for services in Class 36.
Decision of the Opposition Division: Rejection of the opposition.
Decision of the Board of Appeal: Rejection of the appeal.
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark.