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Case T-133/06: Judgment of the Court of First Instance of 23 October 2008 — TIM and TTV v OHIM — PAST PERFECT (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))

ECLI:EU:UNKNOWN:62006TA0133

62006TA0133

January 1, 2006
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Official Journal of the European Union

C 313/29

(Case T-133/06)

(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

Parties

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)

Re:

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.

Operative part of the judgment

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.

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