26.1.2013

EN

Official Journal of the European Union

C 26/67

(Case T-519/12)

2013/C 26/132

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