CELEX: 62011TN0589
Language: en
Date: 2011-11-17 00:00:00
Title: Case T-589/11: Action brought on 17 November 2011 — Phonebook of the World v OHIM — Seat Pagine Gialle (PAGINE GIALLE)

4.2.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/28
            
         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
   
   
               —
            
            
               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;
            
         
               —
            
            
               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
            
         
               —
            
            
               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.