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Judgment of the Court of First Instance (Second Chamber) of 27 February 2008. # Citigroup, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark WORLDLINK - Earlier national figurative mark LiNK - Relative ground for refusal - Likelihood of confusion - Restriction of services covered in the trade mark application - Identity of services - Similarity of signs - Articles 73 and 74 of Regulation (EC) No 40/94. # Case T-325/04.
ECLI:EU:T:2008:51
62004TJ0325
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(Case T-325/04)
Community trade mark – Opposition proceedings – Application for Community word mark WORLDLINK – Earlier national figurative mark LiNK – Relative ground for refusal – Likelihood of confusion – Restriction of services covered in the trade mark application – Identity of services – Similarity of signs – Articles 73 and 74 of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 95-96, 101)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 18 May 2004 (Case R 789/2002-1) relating to opposition proceedings between Link Interchange Network Ltd and Citigroup, Inc.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark WORLDLINK for goods and services in Classes 9, 16 and 36 – Application No 111880
Proprietor of the mark or sign cited in the opposition proceedings:
Link Interchange Network Ltd
Mark or sign cited in opposition:
National figurative mark LiNK for goods in Class 36
Decision of the Opposition Division:
Application for registration dismissed for goods in Class 36: financial and monetary matters
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Citigroup, Inc. to pay the costs.