Action brought on 16 December 2008 - CM Capital Markets v OHIM - Carbon Capital Markets (CM Capital Markets)

(Case T-563/08)

Language in which the application was lodged: Spanish

Parties

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

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

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

Form of order sought

Annul the decision of the First Board of Appeal of OHIM of 26 September 2008 in Case R-015/2008-1, which would lead to the refusal of the contested mark in its entirety;

Uphold the applicant's claims, and

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: The word mark 'CARBON CAPITAL MARKETS' (Application No 4 480 208) for services in class 36.

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

Mark or sign cited in opposition: The national and Community figurative marks 'CAPITAL MARKETS' for services in class 36.

Decision of the Opposition Division: Opposition rejected.

Decision of the Board of Appeal: Appeal dismissed.

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

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