Action brought on 23 December 2008 — DVB Project v OHIM — Eurotel (DVB)

(Case T-578/08)

(2009/C 55/78)

Language in which the application was lodged: English

Parties

Applicant: DVB Project (Le Grand Saconnex, Switzerland) (represented by: W. Pors, lawyer)

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

Other party to the proceedings before the Board of Appeal: Eurotel SpA (Milan, Italy)

Form of order sought

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: The mark ‘DVB’ for goods and services in classes 9 and 38

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Decision of the Cancellation Division: Dismissal of the request for invalidity

Decision of the Board of Appeal: Allowed the appeal and annulled the contested decision

Pleas in law: Infringement of Article 7(1)(c) of Council Regulation 40/94 as the Board of Appeal wrongly found that a monopoly on the registered Community trade mark subject of the application for a declaration of invalidity would seriously impair the business activities of traders in the field of telecommunication; Infringement of Articles 7(3) and 51(2) of Council Regulation 40/94 as the Board of Appeal failed to analyse the merits of the issue of acquired distinctiveness raised by the applicant.