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Case T-323/14: Judgment of the General Court of 17 September 2015 — Bankia v OHIM — Banco ActivoBank (Portugal) (Bankia) (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)
ECLI:EU:UNKNOWN:62014TA0323
62014TA0323
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Official Journal of the European Union
C 363/38
(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.
OJ C 261, 11.8.2014.