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Case T-281/07: Judgment of the Court of First Instance of 12 November 2008 — ecoblue v OHIM — Banco Bilbao Vizcaya Argentaria (Ecoblue) (Community trade mark — Opposition proceedings — Application for the Community word mark Ecoblue — Earlier Community word mark BLUE — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62007TA0281
62007TA0281
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10.1.2009
Official Journal of the European Union
C 6/27
(Case T-281/07)
(Community trade mark - Opposition proceedings - Application for the Community word mark Ecoblue - Earlier Community word mark BLUE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94)
(2009/C 6/54)
Language of the case: English
Parties
Applicant: ecoblue AG (Munich-Bogenhausen, Germany) (represented by: C. Osterrieth and T. Schmitz, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Banco Bilbao Vizcaya Argentaria, SA (Madrid, Spain)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 25 April 2007 (Case R 844/2006-1), concerning opposition proceedings between Banco Bilbao Vizcaya Argentaria, SA and ecoblue AG.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders ecoblue AG to pay the costs.
* * *
(<span class="super">1</span>) OJ C 235, 6.10.2007.