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Case C-78/09 P: Order of the Court (Eight Chamber) of 24 September 2009 — Compagnie des bateaux mouches SA v Office for Harmonization in the Internal Market (trade marks and designs), Jean-Noël Castanet (Appeal — Community trade mark — Word mark BATEAUX MOUCHES — Refusal of registration — Absence of any distinctive character)
ECLI:EU:UNKNOWN:62009CB0078
62009CB0078
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Official Journal of the European Union
JUDGMENT OF 6. 3. 2025 – CASE C-41/24 WALTHAM ABBEY RESIDENTS ASSOCIATION
30.1.2010
(Case C-78/09 P)
(Appeal - Community trade mark - Word mark BATEAUX MOUCHES - Refusal of registration - Absence of any distinctive character)
2010/C 24/29
Language of the case: French
Parties
Applicant: Compagnie des bateaux mouches SA (represented by: G. Barbaut, avocat)
Other parties to the proceedings: Office for Harmonization in the Internal Market (trade marks and designs), (represented by: A. Folliard-Monguiral, acting as Agent), Jean-Noël Castanet (represented by: J.-P. Sulzer, lawyer)
Re:
Appeal against the judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 in Case T-365/06 Bateaux mouches v OHMI by which the Court dismissed the action brought by the applicant against the decision of the First Board of Appeal of OHIM of 7 September 2006, concerning proceedings for invalidity of the Community word mark ‘BATEAUX MOUCHES’ — Infringement of Article 7(1)(b) and (3) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Misinterpretation of the criteria laid down by the case-law of the Court of Justice — Absence of any distinctive character
Operative part of the order
The Court:
1.Dismisses the appeal.
2.Orders the Compagnie des bateaux mouches SA to pay the costs.
* * *
Language of the case: French.
ECLI:EU:C:2025:140
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