Judgment of the Court of First Instance (Second Chamber) of 27 February 2008 – Citigroup v OHIM – Link Interchange Network (WORLDLINK)
(Case T-325/04)
Community trade mark – Opposition proceedings – Application for Community word mark WORLDLINK – Earlier national figurative mark LiNK – Relative ground for refusal – Likelihood of confusion – Restriction of services covered in the trade mark application – Identity of services – Similarity of signs – Articles 73 and 74 of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 95-96, 101)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 18 May 2004 (Case R 789/2002-1) relating to opposition proceedings between Link Interchange Network Ltd and Citigroup, Inc. |
Information relating to the case
Applicant for the Community trade mark: | Citigroup, Inc. |
Community trade mark sought: | Word mark WORLDLINK for goods and services in Classes 9, 16 and 36 – Application No111880 |
Proprietor of the mark or sign cited in the opposition proceedings: | Link Interchange Network Ltd |
Mark or sign cited in opposition: | National figurative mark LiNK for goods in Class 36 |
Decision of the Opposition Division: | Application for registration dismissed for goods in Class 36: financial and monetary matters |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Citigroup, Inc. to pay the costs. |