Translation of "Figurative mark " (English → French) :

Appeal against the judgment of the General Court (Third Chamber) of 19 September 2012 in Case T-220/11 TeamBank v OHMI — Fercredit Servizi Finanziari, by which the General Court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 3 February 2011 (Case R 719/2010-1) relating to opposition proceedings between Fercredit Servizi Finanziari SpA and TeamBank AG Nürnberg — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Likelihood of confusion between a figurative sign including the word element ‘f@ir Credit’ and an earlier international figurative mark including ...[+++] the word element ‘FERCREDIT’.

Mark or sign cited in opposition: French trade mark registration No 94500834, of the figurative mark representing a device of ribbons, for goods in class 5; International trade mark registration No 620636, of the figurative mark representing a device of ribbons, for goods in class 5; International trade mark registration No 627401, of the figurative mark representing a device of ribbons, for goods in class 5

Mark or sign cited: Spanish trade mark registration No 1570450 of the figurative mark ‘PUKAS’, for goods in class 18; Community trade mark registration No 19802 of the figurative mark ‘PUKAS’, for goods and services in classes 25, 28 and 39

Community trade mark concerned: The colour figurative mark representing a coat of arms for goods and services in Classes 16, 25, 28, 2, 33, 35, 39, 41 and 43 (Application No 5 627 245)

In response to the first part of the second plea, OHIM submits that the Court of First Instance did not apply more stringent requirements with regard to the distinctiveness of three-dimensional trade marks, but merely recalled established case-law, according to which the perception of the public is not necessarily the same in relation to a three-dimensional mark consisting of the appearance of the product as it is in relation to a word mark or a figurative mark.

Nevertheless, when those criteria are applied, account must be taken of the fact that the perception of the relevant section of the public is not necessarily the same in relation to a three-dimensional mark consisting of the shape and the colours of the product itself as it is in relation to a word mark, a figurative mark or a three-dimensional mark not consisting of the shape of the product.