Action brought on 17 November 2008 - CM Capital Markets v OHIM - Carbon Capital Markets (CARBON CAPITAL MARKETS Emissions Compliance Solutions & Carbon Finance)

(Case T -490/08)

Language in which the application was lodged: Spanish

Parties

Applicant: CM Capital Markets Holding SA (Madrid, Spain) (represented by: J. Calderón Chavero and T. Villate Consonni, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Carbon Capital Markets Ltd (London, United Kingdom)

Form of order sought

annul the decision of the First Board of Appeal of OHIM of 3 September 2008 in Case R-16/2008-1, which would lead to the rejection of the contested trade mark in its entirety;

uphold the applicant's claims;

order OHIM to pay the costs of the present proceedings should they be contested and reject its claims.

Pleas in law and main arguments

Applicant for a Community trade mark: Carbon Capital Markets Limited.

Community trade mark concerned: Figurative mark 'CARBON CAPITAL MARKETS (Emissions Compliance Solutions & Carbon Finance)' (Application No 4.480.349), for services in Class 36.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: Community figurative mark 'Capital Markets' (Application No 3.409.281), for services in Classes 35, 36 and 42; Spanish figurative mark 'Capital Markets', for services in Class 36.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Rejection of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark.

____________