Judgment of the General Court of 26 February 2015 — Pangyrus v OHIM — RSVP Design (COLOURBLIND)
(Case T-257/11) 1
(Community trade mark — Invalidity proceedings — Community word mark COLOURBLIND — Word sign COLOURBLIND — Absolute ground for refusal — No bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 — No use in the course of trade of a sign of more than mere local significance — Relative ground for refusal — Article 8(4) and Article 53(1)(c) of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: Pangyrus Ltd (York, United Kingdom) (represented by: S. Clubb, Solicitor, and M. Lindsay QC)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: RSVP Design Ltd (Brookfield, United Kingdom) (represented initially by M. Blair, and subsequently by J. MacKenzie, Solicitors)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 March 2011 (Case R 751/2009-4) concerning invalidity proceedings between Pangyrus Ltd and RSVP Design Ltd.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Pangyrus Ltd to pay the costs.
________________________1 OJ C 211, 16.7.2011.