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Document 62012TN0519

    Case T-519/12: Action brought on 27 November 2012 — mobile.international v OHIM — Kommission (PL mobile.eu)

    SL C 26, 26.1.2013, p. 67–68 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    26.1.2013   

    EN

    Official Journal of the European Union

    C 26/67

    Action brought on 27 November 2012 — mobile.international v OHIM — Kommission (PL mobile.eu)

    (Case T-519/12)

    2013/C 26/132

    Language in which the application was lodged: German

    Parties

    Applicant: mobile.international GmbH (Kleinmachnow, Germany) (represented by: T. Lührig, lawyer)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    Other party to the proceedings before the Board of Appeal: European Commission

    Form of order sought

    The applicant claims that the Court should,

    —

    annul the Decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in Case R 1401/2011-1 in respect of the following goods and services;

    Class 9

    :

    Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; calculating machines, data processing equipment and computers, computer peripheral devices and computer programs (included in class 9); all aforementioned goods only in relation to an online marketplace for the purchase and sale of vehicles, trailers and vehicle accessories.

    Class 16

    :

    Paper, cardboard and goods made from these materials (included in Class 16); printed matter; photographs; stationery; typewriters and office machines (except furniture); instructional and teaching material (included in Class 16); plastic material for packaging, namely covers, bags, boxes and foils; all aforementioned goods only in relation to an online marketplace for the purchase and sale of vehicles, trailers and vehicle accessories.

    Class 35

    :

    Advertising; business administration; business management services; office functions; all aforementioned goods only in relation to an online marketplace for the purchase and sale of vehicles, trailers and vehicle accessories.

    Class 36

    :

    Insurance; arranging of insurance; financial affairs; credit brokerage; monetary affairs; financial management; all aforementioned goods only in relation to an online marketplace for the purchase and sale of vehicles, trailers and vehicle accessories.

    Class 38

    :

    Telecommunications and in particular services on the Internet; collating, providing and transmission of messages, information, images and texts; electronic advertising; all aforementioned goods only in relation to an online marketplace for the purchase and sale of vehicles, trailers and vehicle accessories.

    Class 42

    :

    Scientific and technological services and research and design relating thereto; design and development of computer hardware and software; rental of computer software; provision of search engines for the Internet; all aforementioned goods only in relation to an online marketplace for the purchase and sale of vehicles, trailers and vehicle accessories.

    —

    in the alternative, annul the Decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in Case R 1401/2011-1 in respect of services in Classes 35, 38 and 42 to the extent referred to above;

    —

    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: Figurative mark containing the word element ‘PL mobile.eu’ in respect of goods and services in Classes 9, 16, 35, 36, 38 and 42 — Community trade mark No 8 307 779

    Proprietor of the Community trade mark: The applicant

    Applicant for the declaration of invalidity of the Community trade mark: The European Commission

    Grounds for the application for a declaration of invalidity: The Community trade mark constitutes a heraldic imitation of the mullets of the European Union

    Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity

    Decision of the Board of Appeal: Decision of the Cancellation Division annulled and the Community trade mark declared invalid

    Pleas in law:

    —

    Infringement of Article 7(1)(h) of Regulation No 207/2009 in conjunction with Article 6 of the Paris Convention

    —

    Infringement of Article 7(1)(g) of Regulation No 207/2009

    —

    Infringement of the principle of the protection of legitimate expectations
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