Action brought on 1 July 2011 - Restoin v OHIM - (EQUIPMENT)

(Case T-356/11)

Language of the case: French

Parties

Applicant: Christian Restoin (Paris, France) (represented by A. Alcaraz, lawyer)

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

Form of order sought

Annul the decision of the Fourth Board of Appeal of 14 April 2011 in Case R 1430/2010-4;

Order OHIM to pay the costs incurred by Mr Christian Restoin.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'EQUIPMENT' for goods and services in Classes 3, 9, 14, 18, 25 and 35 - application for registration No 8 722 076.

Decision of the Examiner: Rejection of the application for registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009, since the sign applied for is distinctive as regards the perception which the relevant public would have of it and as regards the goods and services for which registration is sought, and of Article 75 of that regulation, since the reasons of the Board of Appeal (i) cannot be all-encompassing, the goods covered not being sufficient homogenous, and (ii) are not coherent.

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