Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 21.7.2014 | EN | Official Journal of the European Union | C 235/26 |

---

Action brought on 7 May 2014 — mobile.international v OHIM — Rezon (mobile.de)

(Case T-322/14)

2014/C 235/36

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: Rezon OOD (Sofia, Bulgaria)

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 13 February 2014 in Case R 951/2013-1; |

|  |  |
| --- | --- |
| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the figurative mark including the word elements ‘mobile.de’ for goods and services in Classes 9, 16, 35, 38 and 42 — Community trade mark No 8 8 38  609

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Rezon OOD

Grounds for the application for a declaration of invalidity: national figurative mark including the word elements ‘mobile’ for services in Classes 35, 39 and 42

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

Decision of the Board of Appeal: Appeal upheld and the case is referred back to the Cancellation Division

Pleas in law:

|  |  |
| --- | --- |
| — | Infringement of Article 57 (2) of Regulation No 207/2009 in conjunction with Rule 22(2) of Regulation No 2868/95; |

|  |  |
| --- | --- |
| — | Infringement of Article 76(2) of Regulation No 207/2009; |

|  |  |
| --- | --- |
| — | Infringement of Article 15(1)(a) of Regulation No 207/2009; |

|  |  |
| --- | --- |
| — | Infringement of Article 57(2) of Regulation No 207/2009 in conjunction with Rule 22(3) and (4) of Regulation No 2868/95; |

|  |  |
| --- | --- |
| — | Infringement of Article 78(1)(f) of Regulation No 207/2009; |

|  |  |
| --- | --- |
| — | Infringement of the rules on abuse of law in conjunction with Article 56(1)(b) of Regulation No 207/2009 and Article 54(2) of Regulation No 207/2009; |

|  |  |
| --- | --- |
| — | Infringement of Article 64(1) of Regulation No 207/2009 |

---

[Top](#document1)