This document is an excerpt from the EUR-Lex website
Document 62011TJ0589
Judgment of the General Court (Fourth Chamber) of 20 November 2012. # Phonebook of the World v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark PAGINE GIALLE - Absolute grounds for refusal - Distinctive character - Lack of descriptive character - No signs or indications which have become customary - Article 7(1)(b) to (d) of Regulation (EC) No 207/2009 - Distinctive character acquired through use - Article 7(3) of Regulation No 207/2009. # Case T-589/11.
Judgment of the General Court (Fourth Chamber) of 20 November 2012.
Phonebook of the World v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community word mark PAGINE GIALLE - Absolute grounds for refusal - Distinctive character - Lack of descriptive character - No signs or indications which have become customary - Article 7(1)(b) to (d) of Regulation (EC) No 207/2009 - Distinctive character acquired through use - Article 7(3) of Regulation No 207/2009.
Case T-589/11.
Judgment of the General Court (Fourth Chamber) of 20 November 2012.
Phonebook of the World v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community word mark PAGINE GIALLE - Absolute grounds for refusal - Distinctive character - Lack of descriptive character - No signs or indications which have become customary - Article 7(1)(b) to (d) of Regulation (EC) No 207/2009 - Distinctive character acquired through use - Article 7(3) of Regulation No 207/2009.
Case T-589/11.
European Court Reports 2012 -00000
ECLI identifier: ECLI:EU:T:2012:609
Judgment of the General Court (Fourth Chamber) of 20 November 2012 — Phonebook of the World v OHIM — Seat Pagine Gialle (PAGINE GIALLE)
(Case T-589/11)
‛Community trade mark — Invalidity proceedings — Community word mark PAGINE GIALLE — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — No signs or indications which have become customary — Article 7(1)(b) to (d) of Regulation (EC) No 207/2009 — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009’
|
1. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which have become usual in current parlance or in fair and consistent trading customs — Commonplace character — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(d)) (see para. 29) |
|
2. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Trade marks which are devoid of distinctive character, descriptive or commonplace — Word mark PAGINE GIALLE (Council Regulation No 207/2009, Art. 7(1)(b) to (d)) (see paras 31, 34-46) |
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 4 August 2011 (Case R 1541/2010-2), relating to invalidity proceedings between Phonebook of the World and Seat Pagine Gialle SpA.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Phonebook of the World to pay the costs. |
Judgment of the General Court (Fourth Chamber) of 20 November 2012 — Phonebook of the World v OHIM — Seat Pagine Gialle (PAGINE GIALLE)
(Case T-589/11)
‛Community trade mark — Invalidity proceedings — Community word mark PAGINE GIALLE — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — No signs or indications which have become customary — Article 7(1)(b) to (d) of Regulation (EC) No 207/2009 — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009’
|
1. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which have become usual in current parlance or in fair and consistent trading customs — Commonplace character — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(d)) (see para. 29) |
|
2. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Trade marks which are devoid of distinctive character, descriptive or commonplace — Word mark PAGINE GIALLE (Council Regulation No 207/2009, Art. 7(1)(b) to (d)) (see paras 31, 34-46) |
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 4 August 2011 (Case R 1541/2010-2), relating to invalidity proceedings between Phonebook of the World and Seat Pagine Gialle SpA.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Phonebook of the World to pay the costs. |