Source: EURLEX
Language: en
Format: md

**Order of the Court (Eighth Chamber) of 24 September 2009 –Bateaux mouches v OHIM**

**(Case C-78/09 P)**

Appeal – Community trade mark – Word mark BATEAUX MOUCHES – Refusal of registration – Absence of any distinctive character

Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice,
Art. 58, first para.) (see point 21)

**Re:**

|  |  |  |  |  |
| --- | --- | --- | --- | --- |
| Appeal against the judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 in Case T-365/06 | Bateaux mouches | v | OHIM | by which the Court dismissed the action brought by the applicant against the decision of the First Board of Appeal of OHIM of 7 September 2006, concerning proceedings for invalidity of the Community word mark ‘BATEAUX MOUCHES’ – Infringement of Article 7(1)(b) and (3) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) – Misinterpretation of the criteria laid down by the case-law of the Court of Justice – Absence of any distinctive character. |

**Operative part:**

|  |  |  |
| --- | --- | --- |
| 1. |  | The appeal is dismissed. |

|  |  |  |
| --- | --- | --- |
| 2. |  | The Compagnie des bateaux mouches SA is ordered to pay the costs. |

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