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Case T-33/13: Action brought on 24 January 2013 — Türkiye Garanti Bankasi/OHIM — Card & Finance Consulting (bonus&more)
ECLI:EU:UNKNOWN:62013TN0033
62013TN0033
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23.3.2013
EN
Official Journal of the European Union
C 86/23
(Case T-33/13)
2013/C 86/37
Language in which the application was lodged: English
Parties
Applicant: Türkiye Garanti Bankasi AS (Istanbul, Turkey) (represented by: J. Güell Serra, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Card & Finance Consulting GmbH (Nürnberg, Germany)
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision; and
—Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark ‘bonus&more’, for services in classes 35, 36, 38, 41 and 42 — Community trade mark application No 9 037 251
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: The International Registration of the figurative mark ‘bonusnet’, for goods and services in classes 9, 35, 36, 38 and 42 — International Registration No 931 921
Decision of the Opposition Division: Upheld the opposition in part
Decision of the Board of Appeal: Allows the appeal and rejects the opposition
Pleas in law: Infringement of Articles 8(1)(b) of Council Regulation No 207/2009.