Action brought on 18 April 2011 - TeamBank v OHIM - Fercredit Servizi Finanziari (f@ir Credit)
(Case T-220/11)
Language in which the application was lodged: German
Parties
Applicant: TeamBank AG Nürnberg (Nuremberg, Germany) (represented by: T. Kiphuth, H. Lindner and D. Terheggen, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Fercredit Servizi Finanziari SpA (Rome, Italy)
Form of order sought
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 February 2011 in Appeal R 719/2010-1;
Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: Figurative mark 'f@ir Credit' for services in Class 36 (Registration No 6 947 766).
Proprietor of the mark or sign cited in the opposition proceedings: Fercredit Servizi Finanziari SpA.
Mark or sign cited in opposition: Figurative mark 'FERCREDIT' for goods and services in Classes 6, 7, 12, 14, 16, 18, 25, 35, 36, 39, 41, 42, 43 and 44 (Community trade mark Nr 3 749 801), the opposition being brought against the registration of services in Class 36.
Decision of the Opposition Division: Opposition upheld.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 207/2009,
1 as there is no likelihood of confusion between the opposing marks.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version), (OJ 2009 L 78, p.1).