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Case T-553/12: Action brought on 24 December 2012 — Compagnie des bateaux mouches SA v OHIM
ECLI:EU:UNKNOWN:62012TN0553
62012TN0553
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23.2.2013
EN
Official Journal of the European Union
C 55/20
(Case T-553/12)
2013/C 55/36
Language of the case: French
Parties
Applicant: Compagnie des bateaux mouches SA (Paris, France) (represented by G. Barbaut, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
—declare the application admissible;
—annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 October 2012 in Case R 1709/2011-2;
—alter that decision;
—order the General Court of the European Union to pay all the costs.
Pleas in law and main arguments
Community trade mark concerned: Figurative mark containing the word elements ‘BATEAUX-MOUCHES’ in respect of services in Classes 39, 41 and 43 — Application for registration No 5 666 631
Decision of the Examiner: Partial rejection of the trade mark application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009