Notice for the OJ

 

SEQ CHAPTER \h \r 1Action brought on 5 August 2004 by Citicorp against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-325/04)

Language in which the application was lodged: English

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 5 August 2004 by Citicorp, New York (United States), represented by Dr V. von Bomhard, Dr A. Renck, Dr C. Schulte and Dr A. Pohlmann, lawyers.

Link Interchange Network Ltd. was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

-    annul the Decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 May 2004 in case R0789/2002-1;

-    order that the costs of the proceedings be borne by the defendant.

Pleas in law and main arguments

Applicant for Community trade mark:    Citicorp

Community trade mark concerned:        The word mark "Worldlink" (application No 111880)

Goods and services:                Class 9, 16 and 36

Proprietor of mark or sign cited in the

opposition proceedings:            Link Interchange Network Ltd.

Mark or sign cited in opposition:        The national word and device mark "LINK" for services in class 36 (banking services for the dispensing of cash, funds transfer and payment services, financial information services)

Decision of the Opposition Division:        Rejection of the Community trade mark application for the services financial affairs and monetary affairs in class 36

Decision of the Board of Appeal:        Dismissal of the appeal

Pleas in law:                    Infringement of Articles 73 and 74 of Regulation No 40/941 and of Article 8(1)(b) of the same regulation.

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¹ - ouncil Regulation (EC) No 40/94 of 20 December 993 on the Community trade mark (OJ 994 L , p. )