Official Journal of the European Union

C 9/36

Judgment of the General Court of 20 November 2012 — Phonebook of the World v OHIM — Seat Pagine Gialle (PAGINE GIALLE)

(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


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)


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:


Dismisses the action;


Orders Phonebook of the World to pay the costs.

(1)  OJ C 32, 4.2.2012.