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Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008. # Compagnie des bateaux mouches SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark BATEAUX MOUCHES - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) and Article 51(1) of Regulation (EC) No 40/94 - Lack of distinctive character acquired through use - Article 7(3) and Article 51(2) of Regulation No 40/94. # Case T-365/06.
ECLI:EU:T:2008:559
62006TJ0365
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(Case T-365/06)
Community trade mark – Invalidity proceedings – Community word mark BATEAUX MOUCHES – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) and Article 51(1) of Regulation (EC) No 40/94 – Lack of distinctive character acquired through use – Article 7(3) and Article 51(2) of Regulation No 40/94
Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(b) and 51(1)(a)) (see paras 20, 29)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 7 September 2006 (Case R 1172/2005-1) relating to invalidity proceedings between Jean-Noël Castanet and Compagnie des bateaux mouches SA.
Information relating to the case
Community mark of which cancellation is sought:
Word mark BATEAUX MOUCHES for services in Classes 39, 41 and 42 –Community mark No 1336122
Proprietor of the Community trade mark:
Party applying for cancellation:
Jean-Noël Castanet
Decision of the Cancellation Division:
Application for cancellation dismissed
Decision of the Board of Appeal:
Decision of the Cancellation Division set aside
Operative part
The Court:
1.Dismisses the action;
2.Orders the Compagnie des bateaux mouches SA to pay the costs.