CELEX: 62009CO0078
Language: en
Date: 2009-09-24 00:00:00
Title: Order of the Court (Eighth Chamber) of 24 September 2009. # Compagnie des bateaux mouches SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal- Community trade mark - Word mark BATEAUX MOUCHES - Refusal of registration - Absence of any distinctive character. # Case C-78/09 P.

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.