# C_2006154EN.01002102.xml

| 1.7.2006 | EN | Official Journal of the European Union | C 154/21 |
| --- | --- | --- | --- |

1.7.2006

EN

Official Journal of the European Union

C 154/21

---

Action brought on 12 May 2006 — International Music and TTV 2000 v OHIM — Past Perfect (PAST PERFECT)

(Case T-133/06)

(2006/C 154/52)

Language in which the application was lodged: German

Parties

Applicants: The International Music Company AG (Hamburg, Germany) and TTV 2000 GmbH Tonträger Vertrieb (Hamburg, Germany) (represented by: G. Kukuk, lawyer)

Applicants:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Past Perfect Limited

Other party to the proceedings before the Board of Appeal of OHIM:

Forms of order sought

The applicant claims that the Court should:

| — | annul the decision of the First Board of Appeal of OHIM of 3 February 2006, Reference No R 150/2005-1, and remove the registered Community trade mark ‘Past Perfect’, Mark No 1 984 269, from the register; |
| --- | --- |

—

annul the decision of the First Board of Appeal of OHIM of 3 February 2006, Reference No R 150/2005-1, and remove the registered Community trade mark ‘Past Perfect’, Mark No 1 984 269, from the register;

| — | order OHIM to pay the costs. |
| --- | --- |

—

order OHIM to pay the costs.

Pleas in law and main arguments

Registered Community trade mark the annulment of which has been sought: The word mark ‘PAST PERFECT’ for goods in Class 9 (Community trade mark No 1 984 269).

Registered Community trade mark the annulment of which has been sought:

Proprietor of the Community trade mark: Past Perfect Limited

Proprietor of the Community trade mark:

Applicants for the declaration of annulment: The applicants

Applicants for the declaration of annulment:

Decision of the Cancellation Division: Rejection of the application

Decision of the Cancellation Division:

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law:

| — | The registered trade mark is devoid of any actual distinctive character within the meaning of Article 7(1)(b) of Regulation (EC) No 40/94, (1) |
| --- | --- |

—

The registered trade mark is devoid of any actual distinctive character within the meaning of Article 7(1)(b) of Regulation (EC) No 40/94, (1)

1

| — | the contested decision infringes Article 7(2) of Regulation (EC) No 40/94 since it is sufficient when the ground for refusal obtains in part of the Community, |
| --- | --- |

—

the contested decision infringes Article 7(2) of Regulation (EC) No 40/94 since it is sufficient when the ground for refusal obtains in part of the Community,

| — | in addition, the contested decision infringes Article 7(1)(c) of Regulation (EC) No 40/94 since the registered trade mark is not identifiable as a mark and is understood, in trade, as a product description, |
| --- | --- |

—

in addition, the contested decision infringes Article 7(1)(c) of Regulation (EC) No 40/94 since the registered trade mark is not identifiable as a mark and is understood, in trade, as a product description,

| — | finally, Article 7(1)(d) of Regulation (EC) No 40/94 has been infringed since the registered trade mark consists of indications which have become customary in the current language or in the bona fide and established practices of the trade. |
| --- | --- |

—

finally, Article 7(1)(d) of Regulation (EC) No 40/94 has been infringed since the registered trade mark consists of indications which have become customary in the current language or in the bona fide and established practices of the trade.

---

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

1

---