Action brought on 3 February 2011 - Sogepi Consulting y Publicidad v OHIM (ESPETEC)

(Case T-72/11)

Language of the case: Spanish

Parties

Applicant: Sogepi Consulting y Publicidad, SL (Vic, Spain) (represented by J.P. de Oliveira Vaz Miranda Sousa, T. Barceló Rebaque and N. Esteve Manasanch, lawyers)

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

Form of order sought

The applicant requests the Court to:

annul and revoke the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 November 2010, in Case R 312/2010-2;

as a consequence allow registration of Community trade mark No 7.114.572 'ESPETEC'; and

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'ESPETEC', for goods in Class 29

Decision of the Examiner: Refusal of the mark applied for

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009¹, since the term 'ESPETEC' is not devoid of distinctive character when considered independently of the goods applied for and infringement of Article 7(3) of Regulation (EC) No 207/2009 given the distortion and incorrect assessment of the evidence of use on the market of the mark 'ESPETEC'.

____________

¹ - Council Regulation (EC) No 2007/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)