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Case T-365/06: Judgment of the Court of First Instance of 10 December 2008 — Bateaux Mouches v OHIM — Castanet (BATEAUX MOUCHES) (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 (EC) No 40/94)
ECLI:EU:UNKNOWN:62006TA0365
62006TA0365
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Official Journal of the European Union
JUDGMENT OF THE COURT (Tenth Chamber)
C 32/29
(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 (EC) No 40/94)
(2009/C 32/53)
Language of the case: French
Parties
Applicant: Compagnie des bateaux mouches SA (Paris, France) (represented by: D. de Leusse, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Jean-Noël Castanet (Munich, Germany) (represented by: J. Sulzer, lawyer)
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 the Compagnie des bateaux mouches SA.
Operative part of the judgment
The Court:
1.dismisses the action;
2.orders the Compagnie des bateaux mouches SA to pay the costs.
* * *
(1) OJ C 42, 24.2.2007.