Judgment of the General Court of 22 June 2010 - CM Capital Markets v OHIM - Carbon Capital Markets (CARBON CAPITAL MARKETS)
(Community trade mark - Opposition proceedings - Application for Community word mark CARBON CAPITAL MARKETS - Earlier Community and national figurative marks CM Capital Markets - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Language of the case: English
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) (OHIM) (represented by: J.F. Crespo Carrillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Carbon Capital Markets Ltd (Oxford, United Kingdom) (represented by: E. Hardcastle, Solicitor)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 26 September 2008 (Case R 15/2008-1) concerning opposition proceedings between CM Capital Markets Holding, SA and Carbon Capital Markets Ltd.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders CM Capital Markets Holding, SA to pay the costs.
____________1 - OJ C 44, 21.2.2009.