EN Official Journal of the European Union C 26/67

Action brought on 27 November 2012 — mobile.international v OHIM — Kommission (PL mobile.eu)

(Case T-519/12)

2013/C 26/132

Language in which the application was lodged: German

Parties

Applicant: mobile.international GmbH (Kleinmachnow, Germany) (represented by: T. Lührig, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: European Commission

Form of order sought

The applicant claims that the Court should,

— annul the Decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in Case R 1401/2011-1 in respect of the following goods and services; Class 9 : Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; calculating machines, data processing equipment and computers, computer peripheral devices and computer programs (included in class 9); all aforementioned goods only in relation to an online marketplace for the purchase and sale of vehicles, trailers and vehicle accessories. Class 16 : Paper, cardboard and goods made from these materials (included in Class 16); printed matter; photographs; stationery; typewriters and office machines (except furniture); instructional and teaching material (included in Class 16); plastic material for packaging, namely covers, bags, boxes and foils; all aforementioned goods only in relation to an online marketplace for the purchase and sale of vehicles, trailers and vehicle accessories. Class 35 : Advertising; business administration; business management services; office functions; all aforementioned goods only in relation to an online marketplace for the purchase and sale of vehicles, trailers and vehicle accessories. Class 36 : Insurance; arranging of insurance; financial affairs; credit brokerage; monetary affairs; financial management; all aforementioned goods only in relation to an online marketplace for the purchase and sale of vehicles, trailers and vehicle accessories. Class 38 : Telecommunications and in particular services on the Internet; collating, providing and transmission of messages, information, images and texts; electronic advertising; all aforementioned goods only in relation to an online marketplace for the purchase and sale of vehicles, trailers and vehicle accessories. Class 42 : Scientific and technological services and research and design relating thereto; design and development of computer hardware and software; rental of computer software; provision of search engines for the Internet; all aforementioned goods only in relation to an online marketplace for the purchase and sale of vehicles, trailers and vehicle accessories.

— in the alternative, annul the Decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in Case R 1401/2011-1 in respect of services in Classes 35, 38 and 42 to the extent referred to above;

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the word element ‘PL mobile.eu’ in respect of goods and services in Classes 9, 16, 35, 36, 38 and 42 — Community trade mark No 8 307 779

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The European Commission

Grounds for the application for a declaration of invalidity: The Community trade mark constitutes a heraldic imitation of the mullets of the European Union

Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity

Decision of the Board of Appeal: Decision of the Cancellation Division annulled and the Community trade mark declared invalid

Pleas in law:

— Infringement of Article 7(1)(h) of Regulation No 207/2009 in conjunction with Article 6 of the Paris Convention

— Infringement of Article 7(1)(g) of Regulation No 207/2009