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Case T-589/11: Judgment of the General Court of 20 November 2012 — Phonebook of the World v OHIM — Seat Pagine Gialle (PAGINE GIALLE) (Community trade mark — Invalidity proceedings — Community word mark PAGINE GIALLE — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — No signs or indications which have become customary — Article 7(1)(b) to (d) of Regulation (EC) No 207/2009 — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62011TA0589
62011TA0589
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Official Journal of the European Union
C 9/36
(Case T-589/11)(1)
(Community trade mark - Invalidity proceedings - Community word mark PAGINE GIALLE - Absolute grounds for refusal - Distinctive character - Lack of descriptive character - No signs or indications which have become customary - Article 7(1)(b) to (d) of Regulation (EC) No 207/2009 - Distinctive character acquired through use - Article 7(3) of Regulation No 207/2009)
2013/C 9/64
Language of the case: English
Parties
Applicant: Phonebook of the World (Paris, France) (represented by: A. Bertrand, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Seat Pagine Gialle SpA (Milan, Italy) (represented by: F. Jacobacci, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 4 August 2011 (Case R 1541/2010-2), relating to invalidity proceedings between Phonebook of the World and Seat Pagine Gialle SpA.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Phonebook of the World to pay the costs.
OJ C 32, 4.2.2012.