11.8.2014

EN

Official Journal of the European Union

C 261/25

(Case T-323/14)

2014/C 261/48

Language in which the application was lodged: 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)

Other party to the proceedings before the Board of Appeal: Banco ActivoBank (Portugal), SA (Lisboa, Portugal)

Form of order sought

The applicant claims that the Court should:

—Annul the decision of the Second Chamber of the Board of Appeal of 14 February 2014 in cases R 649/2013-2 and R 744/2013-2, so that the Community trade mark application n° 10125284 ‘BANKIA’ be granted for all the goods and services;

—Condemn the opponent and/or the OHIM to pay the costs incurred by the applicant/appellant in connection with this appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the word element ‘Bankia’ for goods and services in Classes 9, 16, 35, 36, 38, 41 and 45 — Community trade mark application n° 10125284

Proprietor of the mark or sign cited in the opposition proceedings: Banco ActivoBank (Portugal), SA

Mark or sign cited in opposition: The national word mark ‘BANKY’ for services in Class 36

Decision of the Opposition Division: The opposition was partially upheld

Decision of the Board of Appeal: The appeal of BANKIA S.A. was dismissed and the appeal of Banco ActivoBank (Portugal), SA partially upheld, rejecting the contested trade mark for a wider range of services

Pleas in law: Infringement of Art. 8(1)(b) of Regulation No 207/2009