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Case T-428/12: Action brought on 26 September 2012 — Banco Bilbao Vizcaya Argentaria v OHIM (VALORES DE FUTURO)
ECLI:EU:UNKNOWN:62012TN0428
62012TN0428
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Valentina R., lawyer
24.11.2012
Official Journal of the European Union
C 366/37
(Case T-428/12)
2012/C 366/75
Language of the case: Spanish
Parties
Applicant: Banco Bilbao Vizcaya Argentaria, SA (Bilbao, Spain) (represented by J. de Oliveira Vaz Miranda Sousa and N. González-Alberto Rodríguez, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
—annul the part of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 July 2012 in Case R 2299/2011-2 which confirms the refusal to register Community trade mark No 9 408 758; and
—order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: word mark ‘VALORES DE FUTURO’ for goods and services in Classes 16, 36 and 41 — Community trade mark application No 9 408 758
Decision of the Examiner: rejection in part of the application for registration
Decision of the Board of Appeal: appeal dismissed
Pleas in law:
—Infringement of Article 7(1)(c) of Regulation No 207/2009
—Infringement of Article 7(1)(b) of Regulation No 207/2009