Source: EURLEX
Language: en
Format: md

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| 27.2.2010 | EN | Official Journal of the European Union | C 51/36 |

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Action brought on 16 December 2009 — Carlyle v OHIM — Mascha & Regner Consulting (CAFE CARLYLE)

(Case T-505/09)

2010/C 51/70

Language in which the application was lodged: English

Parties

Applicant: The Carlyle, LLC (St. Louis, United States) (represented by: E. Cornu, E. De Gryse and D. Moreau, lawyers)

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

Other party to the proceedings before the Board of Appeal: Mascha & Regner Consulting KEG (Vienna, Austria)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2009 in case R 239/2009-4; and |

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| — | Order the defendant to bear the costs. |

Pleas in law and main arguments

Registered Community trade mark subject of the request for revocation: The word mark “CAFE CARLYLE”, for services in class 42

Proprietor of the Community trade mark: The applicant

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

Decision of the Cancellation Division: Rejected the request for revocation

Decision of the Board of Appeal: Revoked the Community trade mark concerned

Pleas in law: Infringement of Article 51(1)(a) of Council Regulation 207/2009, as the Board of Appeal erroneously employed a too restrictive interpretation of the concept of genuine use. Moreover, the Board of Appeal failed: (i) to take into consideration properly the evidence of use submitted by the applicant before the Cancellation Division; (ii) to assess correctly the scope of the said evidence of use; and (iii) to make an overall assessment thereof.

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