Judgment of the General Court of 17 September 2015 — Bankia v OHIM — Banco ActivoBank (Portugal) (Bankia)
(Case T-323/14) 1
(Community trade mark — Opposition proceedings — Application for the Community figurative mark Bankia — Earlier national word mark BANKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Bankia, SA (Valencia, Spain) (represented by: F. De Barba, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Banco ActivoBank (Portugal), SA (Lisbon, Portugal)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 14 February 2014 (Joined Cases R 649/2013-2 and R 744/2013-2) relating to opposition proceedings between Banco ActivoBank (Portugal), SA, and Bankia, SA.
Operative part of the judgment
The Court:
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 February 2014 (Joined Cases R 649/2013-2 and R 744/2013-2) to the extent that it upheld the appeal of Banco ActivoBank (Portugal), SA, concerning the ‘real estate services’ covered by the Community trade mark application in Class 36;
Dismisses the action as to the remainder;
Orders Bankia, SA, and OHIM to bear their own costs.
____________1 OJ C 261, 11.8.2014.