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Document 62011TN0165

    Case T-165/11: Action brought on 11 March 2011 — Stichting Regionaal Opleidingencentrum van Amsterdam v OHIM — Investimust (COLLEGE)

    OJ C 152, 21.5.2011, p. 25–26 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    11/03/2011
    Date lodged:
    11/03/2011
    Author:
    General Court
    Form:
    Judicial information
    Authentic language:
    English
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    Instruments cited in case law:
    Link

    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.

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