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Case T-72/11: Action brought on 3 February 2011 — Sogepi Consulting y Publicidad v OHIM (ESPETEC)
ECLI:EU:UNKNOWN:62011TN0072
62011TN0072
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9.4.2011
EN
Official Journal of the European Union
C 113/15
(Case T-72/11)
2011/C 113/31
Language of the case: Spanish
Parties
Applicant: Sogepi Consulting y Publicidad, SL (Vic, Spain) (represented by J.P. de Oliveira Vaz Miranda Sousa, T. Barceló Rebaque and N. Esteve Manasanch, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant requests the Court to:
—annul and revoke the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 November 2010, in Case R 312/2010-2;
—as a consequence allow registration of Community trade mark No 7.114.572 ‘ESPETEC’; and
—order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned:
Word mark ‘ESPETEC’, for goods in Class 29
Decision of the Examiner:
Refusal of the mark applied for
Decision of the Board of Appeal:
Appeal dismissed
Pleas in law:
Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1), since the term ‘ESPETEC’ is not devoid of distinctive character when considered independently of the goods applied for and infringement of Article 7(3) of Regulation (EC) No 207/2009 given the distortion and incorrect assessment of the evidence of use on the market of the mark ‘ESPETEC’.
Council Regulation (EC) No 2007/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)