Source: EURLEX
Language: en
Format: md

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| 30.1.2010 | EN | Official Journal of the European Union | C 24/18 |

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Order of the Court (Eight Chamber) of 24 September 2009 — Compagnie des bateaux mouches SA v Office for Harmonization in the Internal Market (trade marks and designs), Jean-Noël Castanet

(Case C-78/09 P)[(1)](#ntr1-C_2010024EN.01001801-E0001)

(Appeal - Community trade mark - Word mark BATEAUX MOUCHES - Refusal of registration - Absence of any distinctive character)

2010/C 24/29

Language of the case: French

Parties

Appellant: Compagnie des bateaux mouches SA (represented by: G. Barbaut, avocat)

Other parties to the proceedings: Office for Harmonization in the Internal Market (trade marks and designs), (represented by: A. Folliard-Monguiral, acting as Agent), Jean-Noël Castanet (represented by: J.-P. Sulzer, lawyer)

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 OHMI 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](./../../../legal-content/EN/AUTO/?uri=OJ:L:1994:011:TOC)) — Misinterpretation of the criteria laid down by the case-law of the Court of Justice — Absence of any distinctive character

Operative part of the order

The Court:

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| 1. | Dismisses the appeal. |

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| 2. | Orders the Compagnie des bateaux mouches SA to pay the costs. |

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