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

(Case T-506/09)

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

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 240/2009-4; and

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 "THE CARLYLE", for goods and services in classes 3, 25 and 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: Partially 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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