17.4.2010

Official Journal of the European Union

C 100/5

(Case C-408/08 P) (<span class="super">1</span>)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Articles 55(1)(a) and 7(1)(c) - Interest in bringing an application for a declaration of invalidity of a trade mark based on an absolute ground for invalidity - Law firm - Word sign ‘COLOR EDITION’ - Descriptive character of a word mark composed of descriptive elements)

2010/C 100/07

Language of the case: French

Parties

Appellant: Lancôme parfums et beauté & Cie SNC (represented by: A. von Mühlendahl, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral), CMS Hasche Sigle

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 8 July 2008 in Case T-160/07 Lancôme v OHIM — CMS Hasche Sigle in which the Court of First Instance dismissed the action brought by the appellant against the decision of the Second Board of Appeal of OHIM of 26 February 2007 declaring invalid the registration of the trade mark COLOR EDITION in respect of cosmetic and make-up goods — Infringement of Articles 7(1)(c) and 55(1)(a) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Legal standing to bring an application for a declaration of a trade mark’s invalidity — Law firm — No private economic interest to apply for a declaration of the invalidity of a cosmetics trade mark — Noticeable difference between the association created by the terms suggested for the purpose of a trade mark’s registration and the everyday language used by the target public to describe the goods and services at issue or their essential characteristics

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Lancôme parfums et beauté & Cie SNC to pay the costs.

(<span class="super">1</span>) OJ C 6, 10.1.2009.