CELEX: 62011TN0165
Language: en
Date: 2011-03-11 00:00:00
Title: Case T-165/11: Action brought on 11 March 2011 — Stichting Regionaal Opleidingencentrum van Amsterdam v OHIM — Investimust (COLLEGE)

21.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 152/25
            
         Action brought on 11 March 2011 — Stichting Regionaal Opleidingencentrum van Amsterdam v OHIM — Investimust (COLLEGE)
   (Case T-165/11)
   2011/C 152/46
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Stichting Regionaal Opleidingencentrum van Amsterdam (Amsterdam, Netherlands) (represented by: R.M.R. van Leeuwen, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Investimust, S.A. (Geneva, Switzerland)
   
      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 12 January 2011 in case R 508/2010-4; and
            
         
               —
            
            
               Order the defendant 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 word mark ‘COLLEGE’, for services in classes 39 and 43 — Community trade mark registration No 2645489
   
      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 on absolute grounds for invalidity pursuant to Article 52(1)(a) in conjunction with Article 7 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 Article 7(1)(c) and in conjunction with Article 7(1)(b) of Council Regulation No 207/2009, as also the Board of Appeal wrongly did not consider the evidence presented in appeal.