Case T-160/07: Judgment of the Court of First Instance of 8 July 2008 — Lancôme v OHIM — CMS Hasche Sigle (COLOR EDITION) (Community trade mark — Invalidity proceedings — Community word mark COLOR EDITION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 — Legal interest in bringing proceedings — Article 55 of Regulation No 40/94)
Date: 2008-07-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetics industry, trade-mark law

C 209/50

EN

Official Journal of the European Union

15.8.2008

3. Orders Mr Economidis and the Commission to bear their own costs
both in relation to the proceedings before the Civil Service Tribunal
and before this Court;

Judgment of the Court of First Instance of 8 July 2008 —
Lancôme v OHIM — CMS Hasche Sigle (COLOR EDITION)

4. Orders the European Parliament,

the European
Union and the Court of Auditors of the European Communities to
bear their own costs.

the Council of

(1) OJ C 95, 28.4.2007.

(Case T-160/07) (1)

(Community trade mark — Invalidity proceedings — Com-
munity word mark COLOR EDITION — Absolute ground for
refusal — Descriptive character — Article 7(1)(c) of Regu-
lation (EC) No 40/94 — Legal interest in bringing proceed-
ings — Article 55 of Regulation No 40/94)

(2008/C 209/88)

Language of the case: French

Judgment of the Court of First Instance of 9 July 2008 —
BYK v OHIM (Substance for Success)

(Case T-58/07) (1)

Parties

(Community trade mark — Application for the Community
word mark Substance for Success — Absolute ground for
refusal — Lack of distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94)

Applicant: Lancôme parfums et beauté & Cie SNC (Paris, France)
(represented by: E. Baud, lawyer)

(2008/C 209/87)

Language of the case: German

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, acting as Agent)

(represented by: A.

and Designs)

Parties

Other party to the proceedings before the Board of Appeal of OHIM:
CMS Hasche Sigle (Cologne, Germany)

Applicant: BYK-Chemie GmbH (Wesel, Germany)
by: J. Kroher and E. Hettenkofer, lawyers)

(represented

Re:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, acting
as Agent)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 9 January 2007 (Case R 816/2006-4)
the word sign
concerning an application for registration of
Substance for Success as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BYK-Chemie GmbH to pay the costs.

Action brought against the decision of the Second Board of
Appeal of OHIM of 26 February 2007 (Case R 231/2006-2)
concerning invalidity proceedings between CMS Hasche Sigle
and Lancôme parfums et beauté & Cie SNC

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Lancôme parfums et beauté & Cie SNC to bear its own costs
and to pay those incurred by the Office for Harmonisation in the
Internal Market (Trade Marks and Designs).

(1) OJ C 95, 28.4.2007.

(1) OJ C 140, 23.6.2007.