Action brought on 27 December 2013 – The Directv Group v OHIM – Bolloré (DIRECTV)
(Case T-718/13)
Language in which the application was lodged: English
Parties
Applicant: The Directv Group, Inc. (El Segundo, United States of America) (represented by: F. Valentin, lawyer)
Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Bolloré SA (Érgue Gaberic, France)
Form of order sought
The applicant claims that the Court should:
Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 11 October 2013 given in Case R 1812/2012-2 and accordingly acknowledge the validity of the contested trade mark.
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: The word mark “DIRECTV” for goods and services in Classes 9, 16, 35, 38, 41 and 42 – Community trade mark registration No 1 163 138
Proprietor of the Community trade mark: The applicant
Party applying for revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal
Decision of the Cancellation Division: Revoked partially the Community trade mark
Decision of the Board of Appeal: Annulled the contested decision and revoked the Community trade mark in its entirety
Pleas in law: Infringement of Article 15 CTMR