Judgment of the General Court (Third Chamber) of 25 November 2008. – Caisse fédérale du Crédit mutuel Centre Est Europe (CFCMCEE) v European Union Intellectual Property Office.

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 14 June 2007 (Case R 1130/2006-1) concerning an application for registration of the word sign SURFCARD as a Community trade mark.

Information relating to the case

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Operative part

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 June 2007 (Case R 1130/2006-1) to the extent that it refuses the registration as a Community trade mark of the word sign SURFCARD for ‘magnetic data media, optical data media’ falling within Class 9 and ‘credit card services, debit card services’ falling within Class 36 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

2. Dismisses the action as to the remainder;

3. Orders the Caisse fédérale du Crédit mutuel Centre-Est Europe (CFCMCEE) and OHIM to bear their own costs.