Judgment of the General Court of 26 September 2012 - IG Communications Ltd v OHIM - Citigroup and Citibank (CITIGATE)

(Case T-301/09) 

(Community trade mark - Opposition proceedings - Application for Community word mark CITIGATE - Earlier national and Community word and figurative marks containing the element 'citi' - Relative grounds for refusal - Likelihood of confusion - Family of trade marks - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation No 207/2009)

Language of the case: English

Parties

Applicant: IG Communications Ltd (London, United Kingdom) (represented by: M. Edenborough QC and R. Beard, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)

Other parties to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Citigroup, Inc. (New York, New York, United States); and Citibank, NA (New York) (represented: initially by V. von Bomhard, A. Renck, lawyers, and H. O'Neill, Solicitor, and subsequently by V. von Bomhard and A. Renck)

Re:

Action against the decision of the First Board of Appeal of OHIM of 30 April 2009 (Case R 821/2005-1) concerning opposition proceedings between Citigroup, Inc. and Citibank, NA, on the one hand, and IG Communications Ltd on the other.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders IG Communications Ltd to pay the costs.

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¹ - OJ C 244, 10.10.2009.