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Case T-257/11: Judgment of the General Court of 26 February 2015 — Pangyrus v OHIM — RSVP Design (COLOURBLIND) (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)
ECLI:EU:UNKNOWN:62011TA0257
62011TA0257
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13.4.2015
Official Journal of the European Union
C 118/23
(Case T-257/11)( (<span class="super">1</span>))
((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))
(2015/C 118/29)
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:
1)Dismisses the action;
2)Orders Pangyrus Ltd to pay the costs.
(<span class="super">1</span>) OJ C 211, 16.7.2011.