Action brought on 23 December 2008 - DVB Project v OHIM - Eurotel (DVB)

(Case T-578/08)

Language in which the application was lodged: English

Parties

Applicant: DVB Project (Le Grand Saconnex, Switzerland) (represented by: W. Pors, lawyer)

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

Other party to the proceedings before the Board of Appeal: Eurotel 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 14 October 2008 in case R 1387/2007-2; and

Order OHIM to pay the costs.

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: The mark "DVB" for goods and services in classes 9 and 38

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Decision of the Cancellation Division: Dismissal of the request for invalidity

Decision of the Board of Appeal: Allowed the appeal and annulled the contested decision

Pleas in law: Infringement of Article 7(1)(c) of Council Regulation 40/94 as the Board of Appeal wrongly found that a monopoly on the registered Community trade mark subject of the application for a declaration of invalidity would seriously impair the business activities of traders in the field of telecommunication; Infringement of Articles 7(3) and 51(2) of Council Regulation 40/94 as the Board of Appeal failed to analyse the merits of the issue of acquired distinctiveness raised by the applicant.

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