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Order of the Court of First Instance (Third Chamber) of 7 September 2007. # Francisco Javier González Sánchez v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Article 63(4) of Regulation (EC) No 40/94 - Lack of standing to bring proceedings - Inadmissibility. # Case T-49/06.
ECLI:EU:T:2007:246
62006TO0049
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(Case T-49/06)
Community trade mark – Opposition proceedings – Article 63(4) of Regulation (EC) No 40/94 – Lack of standing to bring proceedings – Inadmissibility
Community trade mark – Appeals procedure – Appeals before the Community judicature – Persons entitled to appeal and to be parties to the proceedings (Council Regulation No 40/94, Art. 63(4)) (see paras 22-24)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 December 2005 (Case R 1116/2005-2) concerning opposition proceedings between Bankinter SA and the Confederación Española de Cajas de Ahorros.
Information relating to the case
Applicant for the Community trade mark:
Confederación Española de Cajas de Ahorros
Community trade mark sought:
Word mark ENCUENTA for goods and services in Classes 16, 36 and 38 – Application No 2534584
Proprietor of the mark or sign cited in the opposition proceedings:
Bankinter, SA
Mark or sign cited in opposition:
Figurative Community mark ecuenta ebankinter for goods and services in Classes 16, 36 and 38 – Application No 2396760
Decision of the Opposition Division :
Opposition upheld and application for registration dismissed
Decision of the Board of Appeal:
Appeal inadmissible
Operative part
1. The action is dismissed as inadmissible.