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