CELEX: 62006TJ0365
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

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:
Compagnie des bateaux mouches SA
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.