Action brought on 10 March 2011 - pelicantravel.com v OHIM - Pelikan (Pelikan)
(Case T-136/11)
Language in which the application was lodged: Slovak
Parties
Applicant: pelicantravel.com (Bratislava, Slovak Republic) (represented by: M. Chlipala, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Pelikan Vertriebsgesellschaft mbH & Co. KG (Hannover, Germany)
Form of order sought
Annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 December 2010 in Case R 1428/2009-2;
Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: figurative trade mark "Pelikan" for services in Classes 35 and 39 (Community trade mark no 3 325 941).
Proprietor of the Community trade mark: Pelikan Vertriebsgesellschaft mbH & Co. KG
Applicant for the declaration of invalidity of the Community trade mark: The Applicant
Grounds for the application for a declaration of invalidity: The applicant was acting in bad faith when filing the application for the trade mark [Article 52(1)(b) of Regulation (EC) No 207/2009
1]
. Decision of the Cancellation Division: Application for declaration of invalidity dismissed.
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 52(1)(b) of Regulation No 207/2009, inasmuch as OHIM incorrectly assessed the facts, evidence and law, and thereby came to the incorrect conclusion that the trade mark in question was not lodged in bad faith.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).