CELEX: 62010TN0583
Language: en
Date: 2010-12-27 00:00:00
Title: Case T-583/10: Action brought on 27 December 2010 — Deutsche Telekom v OHIM — TeliaSonera Denmark (Shade of magenta)

19.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 55/31
            
         Action brought on 27 December 2010 — Deutsche Telekom v OHIM — TeliaSonera Denmark (Shade of magenta)
   (Case T-583/10)
   2011/C 55/56
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Deutsche Telekom AG (Bonn, Germany) (represented by: T. Dolde, V. von Bomhard and B. Goebel, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: TeliaSonera Denmark A/S (Copenhagen, Denmark)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 October 2010 in case R 463/2009-4;
            
         
               —
            
            
               Order the defendant or the other party to the proceedings before the Board of Appeal, should it become an intervening party in this case, 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: The colour mark consisting in a shade of magenta for services in classes 38 and 42 — Community trade mark registration No 212787
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Grounds for the application for a declaration of invalidity: The party requesting the declaration of invalidity grounded its request on absolute grounds for refusal pursuant to Articles 4 and 7(3) of Council Regulation (EC) No 207/2009
   
      Decision of the Cancellation Division: Closed the case following the withdrawal of the request for declaration of invalidity
   
      Decision of the Board of Appeal: Dismissed the appeal as inadmissible
   
      Pleas in law: Infringement of Article 59 of Council Regulation No 207/2009, as the Board of Appeal: (i) failed to properly assess the admissibility of the appeal, and (ii) violated Articles 85(3) and 83 of Council Regulation No 207/2009, by denying the legitimate interest to continue the proceedings.