Action brought on 16 January 2009 - Eurotel SpA v OHIM

(Case T-21/09)

Language in which the application was lodged: Italian

Parties

Applicant: Eurotel SpA (Milan, Italy) (represented by: F. Paola, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: DVB Project

Form of order sought

Annul the decision of the Board of Appeal and, consequently, declare invalid the figurative Community mark 'DVB', which is manifestly contrary to the spirit and wording of Article 7(1)(b), (c) and (d) of the Regulation on the Community trade mark;

Order OHIM 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 mark 'DVB' (registration application No 2.75.771), for goods and services in Classes 9 and 38.

Proprietor of the Community trade mark: DVB Project.

Applicant for the declaration of invalidity: the applicant.

Trade mark right of applicant for the declaration: the party seeking a declaration of invalidity is not claiming any trade mark right, but argues that the mark in question is descriptive and generic.

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 7(1)(b), (c) and (d) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark.

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