Case T-31/09: Action brought on 21 January 2009 — Baid v OHIM (LE GOMMAGE DES FACADES)
Date: 2009-01-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Internet site, action for annulment (EU), building industry, trade-mark law

C 69/50

EN

Official Journal of the European Union

21.3.2009

Action brought on 20 January 2009 — Easycamp v OHIM
— Oase Outdoors (EASYCAMP)

(Case T-29/09)

(2009/C 69/109)

Language in which the application was lodged: English

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation 40/94 as the Board of Appeal wrongly assessed that there
was a likelihood of confusion between the trade marks
concerned.

Parties

Action brought on 21 January 2009 — Baid v OHIM
(LE GOMMAGE DES FACADES)

Applicant: Easycamp BV (Amersfoort, The Netherlands) (repre-
sented by: C. Beijer, lawyer)

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

Other party to the proceedings before the Board of Appeal: Oase
Outdoors ApS (Give, Denmark)

Form of order sought

— Annul the decision of the First Board of Appeal of the
Office
Internal Market
(Trade Marks and Designs) of 30 October 2008 in joined
cases R 853/2007-1 and R 916/2007-1;

for Harmonisation

the

in

(Case T-31/09)

(2009/C 69/110)

Language in which the application was lodged: French

Parties

Applicant: Baid SARL (Paris, France) (represented by M. Grasset,
lawyer)

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

— Allow the applicant to continue to use the Community trade
mark — application No 3 188 943 for services in class 43;
and

Form of order sought

— Order OHIM to pay the costs.

Pleas in law and main arguments

— Annul the decision of the First Board of Appeal of the
(Trade
Office for Harmonisation in the Internal Market
Marks and Designs)
(OHIM) of 30 October 2008 (Case
R 963/2008-1) and alter it to the effect that the action
before OHIM brought by the applicant is well founded and,
consequently, that the mark applied for is granted;

Applicant for the Community trade mark: The applicant

— Order OHIM to pay the costs.

Community trade mark concerned: The figurative mark ‘EASY-
CAMP’, for services in classes 39, 41 and 43

Pleas in law and main arguments

Proprietor of the mark or sign cited in the opposition proceedings: The
other party to the proceedings before the Board of Appeal

Mark or sign cited: Danish trade mark registration No 199 903 355
of the figurative mark ‘easycamp’ for goods in classes 18, 20,
22, 24, 25 and 28; German trade mark registration
No 39 910 614 of the figurative mark ‘easycamp’ for goods in
classes 18, 20, 22, 24, 25 and 28; Benelux trade mark registra-
tion No 944 316 of the figurative mark ‘easycamp’ for goods in
classes 18, 20, 22, 24, 25 and 28; United Kingdom trade mark
registration No 2 191 370 of the figurative mark ‘easycamp’ for
goods in classes 18, 20, 22, 24, 25 and 28; The unregistered
sign ‘easy camp’ used in Denmark and the United Kingdom.

Decision of the Opposition Division: Partially allowed the opposi-
tion

Decision of the Board of Appeal: Dismissed the appeals

Community trade mark concerned: Word mark ‘LE GOMMAGE DES
FACADES’ for goods and services in Classes 3, 19 and 37 —
application No 6 071 641

Decision of the Examiner: Rejection of the application for registra-
tion

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(c) of Council Regu-
lation No 40/94, since the mark applied for is not descriptive;
of Article 7(3) of that regulation, since the mark applied for has
acquired distinctive character through use and of Article 73 of
that regulation, since the contested decision is largely based on
references to Internet pages.