CELEX: 62008TN0507
Language: en
Date: 2008-11-21 00:00:00
Title: Case T-507/08: Action brought on 21 November 2008 — Psytech International v OHIM — Institute for Personality & Ability Testing (16PF)

24.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/34
            
         Action brought on 21 November 2008 — Psytech International v OHIM — Institute for Personality & Ability Testing (16PF)
   (Case T-507/08)
   (2009/C 19/64)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Psytech International Ltd (Pulloxhill, United Kingdom) (represented by: N. Phillips, Solicitor and N. Saunders, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Institute for Personality & Ability Testing, Inc. (Champaign, United States)
   Form of order sought
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2008 in case R 1012/2007-2 and remit the application for a declaration of invalidity to the OHIM to allow it to proceed, and
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Registered Community trade mark subject of the application for a declaration of invalidity: The word mark ‘16PF’ for goods and services in classes 9, 16, 35, 41 and 42 — Community trade mark registration No 1 892 652
   
      Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Party requesting the declaration of invalidity of the Community trade mark: The applicant
   
      Decision of the Cancellation Division: Rejection of the request for a declaration of invalidity
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Articles 7(1)(b), 7(1)(c), 7(1)(d) and 51(1)(b) of Council Regulation 40/94 as the Board of Appeal: (i) should have found on the evidence before it that the registered Community trade mark subject of the application for a declaration of invalidity was devoid of any distinctive character; (ii) failed to apply the correct legal test and failed to properly evaluate the evidence before it; and (iii) should have found on the evidence before it that the application for the registered Community trade mark subject of the application for a declaration of invalidity was made in bad faith.