Action brought on 10 August 2012 - MOL v OHIM - Banco Bilbao Vizcaya Argentaria (MOL Blue Card)

(Case T-367/12)

Language in which the application was lodged: English

Parties

Applicant: MOL Magyar Olaj- és Gázipari Nyrt. (Budapest, Hungary) (represented by: K. Szamosi, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Banco Bilbao Vizcaya Argentaria, SA (Bilbao, Spain)

Form of order sought

Alter the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 May 2012 in case R 2532/2011-2, and render the registration of the contested trade mark application as a Community trade mark with regard to all goods and services concerned; and

Order the defendant to pay the applicant's costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "MOL Blue Card" for among other goods and services in classes 35 and 36 - Community trade mark application No W01030440

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 8549172 of the word mark "BLUE" for among others services in class 35; Community trade mark registration No 2065621 of the word mark "BLUE BBVA" for among others services in classes 35 and 36; Community trade mark registration No 2277291 of the word mark "TARJETA BLUE BBVA" for among others services in class 36

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Upheld the appeal and refused the application for all services in classes 35 and 36

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

____________