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Valentina R., lawyer
(Community trade mark - Invalidity proceedings - Community word mark PAST PERFECT - Rejection of the application for a declaration of invalidity - Article 7(1)(b), (c) and (d) of Regulation (EC) No 40/94 - Article 7(2))
(2008/C 313/51)
Language of the case: English
Applicants: TIM The International Music Company AG and TTV Tonträger-Vertrieb-2000 GmbH (Hamburg, Germany) (represented initially by J. Wendt and G. Kukuk, and subsequently by J. Wendt, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Past Perfect Ltd (Bucknell, Oxfordshire, United Kingdom) (represented initially by S. Disraeli, and subsequently by K. Tinkler, Solicitors)
Action brought against the decision of the First Board of Appeal of OHIM of 3 February 2006 (Case R 150/2005-1), relating to invalidity proceedings between TIM The International Music Company AG and TTV Tonträger-Vertrieb-2000 GmbH, on the one hand, and Past Perfect Ltd, on the other.
The Court:
1.Dismisses the action;
2.Orders TIM The International Music Company AG and TTV Tonträger-Vertrieb-2000 GmbH to pay the costs.
(1) OJ C 154, 1.7.2006.