Source: EURLEX
Language: en
Format: md

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| 7.4.2014 | EN | Official Journal of the European Union | C 102/37 |

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Action brought on 30 January 2014 — Bateaux mouches v OHIM (BATEAUX MOUCHES)

(Case T-72/14)

2014/C 102/58

Language of the case: French

Parties

Applicant: Compagnie des bateaux mouches SA (Paris, France) (represented by G. Barbaut, lawyer)

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

Form of order sought

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| — | Declare the action admissible; |

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 November 2013 in Case R 284/2013-2; |

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| — | Vary the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 November 2013 in Case R 284/2013-2; |

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| — | Order the Court of First Instance of the European Communities to pay all the costs. |

Pleas in law and main arguments

Community trade mark concerned: International registration designating the European Union of word mark ‘BATEAUX MOUCHES’ for services in Class 37 (No 1 092 478)

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:

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| — | Infringement of Article 7(1)(b) of Regulation No 207/2009 |

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| — | Incorrect finding that the disputed mark had not acquired by usage a distinctive character for the services covered |

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