Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 – Bateaux mouches v OHIM – Castanet (BATEAUX
MOUCHES)**

**(Case T-365/06)**

Community trade mark – Invalidity proceedings – Community word mark BATEAUX MOUCHES – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) and Article 51(1) of Regulation (EC) No 40/94 – Lack of distinctive character acquired through use – Article 7(3) and Article 51(2) of Regulation No 40/94

Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(b) and 51(1)(a)) (see paras 20, 29)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 7 September 2006 (Case R 1172/2005-1) relating to invalidity proceedings between Jean-Noël Castanet and Compagnie des bateaux mouches SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Community mark of which cancellation is sought: | Word mark BATEAUX MOUCHES for services in Classes 39, 41 and 42 –Community mark No 1336122 |
| Proprietor of the Community trade mark: | Compagnie des bateaux mouches SA |
| Party applying for cancellation: | Jean-Noël Castanet |
| Decision of the Cancellation Division: | Application for cancellation dismissed |
| Decision of the Board of Appeal: | Decision of the Cancellation Division set aside |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

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

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