CELEX: C2007/140/71
Language: en
Date: 2007-06-23 00:00:00
Title: Case T-160/07: Action brought on 7 May 2007 — Lancôme Parfums et Beauté & Cie v OHIM

23.6.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 140/43
            
         Action brought on 7 May 2007 — Lancôme Parfums et Beauté & Cie v OHIM
   (Case T-160/07)
   (2007/C 140/71)
   Language in which the application was lodged: French
   Parties
   
      Applicant: Lancôme Parfums et Beauté & Cie (Paris, France) (represented by: E. Baud, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: CMS Hasche Sigle (Cologne, Germany)
   Form of order sought
   
               —
            
            
               Annul the decision of the Second Board of Appeal of OHIM delivered on 26 February 2007 in Case R231/2006-2;
            
         
               —
            
            
               Order the defendant and, if necessary, the intervener, to pay the costs.
            
         Pleas in law and main arguments
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: COLOR EDITION for goods in Class 3 — Community trade mark No 2 965 804
   
      Proprietor of the Community trade mark: the applicant
   
      Applicant for the declaration of invalidity: CMS Hasche Sigle
   
      Decision of the Cancellation Division: dismissal of the application for the declaration of invalidity.
   
      Decision of the Board of Appeal: annulment of the decision of the Cancellation Division.
   
      Pleas in law: infringement of Article 55(1)(a) of Council Regulation No 40/94 (1) in that the Board of Appeal held that CMS Hasche Sigle was entitled to bring an application for a declaration of invalidity and infringement of Article 7(1)(c) of that regulation in that the contested decision held that the disputed mark COLOR EDITION was descriptive.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).