Source: EURLEX
Language: en
Format: md

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| 4.2.2012 | EN | Official Journal of the European Union | C 32/28 |

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Action brought on 17 November 2011 — Phonebook of the World v OHIM — Seat Pagine Gialle (PAGINE GIALLE)

(Case T-589/11)

2012/C 32/58

Language in which the application was lodged: English

Parties

Applicant: Phonebook of the World (Paris, France) (represented by: A. Bertrand, lawyer)

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

Other party to the proceedings before the Board of Appeal: Seat Pagine Gialle SpA (Milan, Italy)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 August 2011 in case R 1541/2010-2; |

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| — | Annul the registration of the Community trade mark ‘PIAGINE GIALLE’ No 161380, registered in classes 16 and 35 by the other party to the proceedings before the Board of Appeal; and |

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| — | Order the defendant to pay the costs of the present proceedings. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘PAGINE GIALLE’, for goods and services in classes 16 and 35 — Community trade mark registration No 161380

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: The party requesting the declaration of invalidity grounded its request for invalidity pursuant to Article 52(1)(a) of Council Regulation (EC) No 207/2009, namely that the Community trade mark was registered in breach of the provisions of Article 7(1)(c) and (d) of Council Regulation (EC) No 207/2009

Decision of the Cancellation Division: Rejected the request for declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 52(1)(a) in conjunction with Articles 7(1)(b) to 7(1)(d) of Council Regulation No 207/2009, as the Board of Appeal refused to apply the general principles of community law, and especially the principles set by the judgement rendered by the Court of First Instance in case T-322/03, Telefon & Buch/OHMI — Herold Business Data (WEISSE SEITEN), and also refused to apply its own findings, that the words ‘PAGINE GIALLE’ were devoid of any distinctive character for the Italian public.

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