Judgment — ECLI:EU:T:2015:194
Date: 2015-03-26
Language of the case: French
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: France

Judgment of the General Court (Eighth Chamber) of 26 March 2015 — Bateaux mouches v OHIM (BATEAUX MOUCHES) (Case T‑72/14) Community trade mark — International registration designating the European Community — Word mark BATEAUX MOUCHES — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 20-23) 2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark BATEAUX MOUCHES (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 34, 37, 38, 48) 3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Exception — Distinctive character acquired through use — Criteria for assessment (Council Regulation No 207/2009, Art. 7(3)) (see paras 64-68) 4. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see para. 80) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 November 2013 (Case R 284/2013‑2) concerning the registration of the word mark BATEAUX MOUCHES as an international registration designating the European Community. Operative part The Court: 1. Dismisses the action; 2. Orders Compagnie des bateaux mouches SA to pay the costs.