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Case T-72/14: Action brought on 30 January 2014 — Bateaux mouches v OHIM (BATEAUX MOUCHES)
ECLI:EU:UNKNOWN:62014TN0072
62014TN0072
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EN
Official Journal of the European Union
C 102/37
(Case T-72/14)
2014/C 102/58
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
—Declare the action admissible;
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 November 2013 in Case R 284/2013-2;
—Vary the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 November 2013 in Case R 284/2013-2;
—Order the Court of First Instance of the European Communities to pay all the costs.
Pleas in law and main arguments
Community trade mark concerned: International registration designating the European Union of word mark ‘BATEAUX MOUCHES’ for services in Class 37 (No 1 092 478)
Decision of the Examiner: Rejection of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law:
—Infringement of Article 7(1)(b) of Regulation No 207/2009
—Incorrect finding that the disputed mark had not acquired by usage a distinctive character for the services covered