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Case T-553/12: Judgment of the General Court of 21 May 2014 — Bateaux mouches v OHIM (Community trade mark — Application for figurative Community trade mark BATEUAX-MOUCHES — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62012TA0553
62012TA0553
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Official Journal of the European Union
C 212/28
(Case T-553/12)( (<span class="super">1</span>))
((Community trade mark - Application for figurative Community trade mark BATEUAX-MOUCHES - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Descriptive character - Article 7(1)(c) of Regulation No 207/2009 - No distinctive character acquired through use - Article 7(3) of Regulation No 207/2009))
2014/C 212/34
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) (represented by: V. Melgar, Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 9 October 2012 (Case R 1709/2011-2) concerning an application for registration of the figurative sign BATEAUX-MOUCHES as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Compagnie des bateaux mouches SA to pay the costs.
(<span class="super">1</span>) OJ C 55, 23.2.2013.