Action brought on 28 February 2006 - Cassegrain v OHIM

(Case T -73/06)

Language in which the application was lodged: French

Parties

Applicant: Jean Cassegrain (Paris, France) (represented by: Y. Coursin and T. van Innis, lawyers)

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

Form of order sought

The applicant claims that the Court should:

Primarily, annul the decision taken and order OHIM to pay the costs;

Alternatively, appoint an expert or a body of experts with responsibility for giving the Court guidance on whether or on what conditions the shape of a manufactured good or the representation of its outline can have as much influence on the public's memory of it as an accompanying term, as an indication of its business origin, and reserve the costs.

Pleas in law and main arguments

Community trade mark concerned: Figurative trade mark representing a bag in respect of goods in Class 18 (Application No 003598571)

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 4 and Article 7(1)(b) of Council Regulation No 40/94. The applicant argues that the trade mark has enough distinctive character to distinguish and characterise a bag or a range of bags from one undertaking from those from other undertakings.

    

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