CELEX: C2007/042/41
Language: en
Date: 2007-02-24 00:00:00
Title: Case T-365/06: Action brought on 1 December 2006 — Bateaux Mouches v OHIM — Castanet (Bateaux Mouches)

24.2.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/23
            
         Action brought on 1 December 2006 — Bateaux Mouches v OHIM — Castanet (Bateaux Mouches)
   (Case T-365/06)
   (2007/C 42/41)
   Language in which the application was lodged: French
   Parties
   
      Applicant: SA Compagnie des Bateaux Mouches (Paris, France) (represented by: D. de Leusse, 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: Jean-Noël Castanet (Paris, France)
   Form of order sought
   The Court is asked to:
   
               —
            
            
               Declare the action by Compagnie des Bateaux Mouches admissible;
            
         
               —
            
            
               Annul the decision of the First Board of Appeal of OHIM of 7 September 2006 (Case R 1172/2005-1, Castanet v Compagnie des Bateaux Mouches);
            
         
               —
            
            
               Order OHIM 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: the word mark ‘Bateaux Mouches’ for services in Classes 39, 41 and 42 — Community trade mark No 1 336 122
   
      Proprietor of the Community trade mark: the applicant
   
      Applicant for the declaration of invalidity: Jean-Noël Castanet
   
      Decision of the Cancellation Division: rejection of the application for cancellation
   
      Decision of the Board of Appeal: annulment of the decision of the Cancellation Division
   
      Pleas in law: breach of Article 7(1)(b) of Council Regulation No 40/94 (1) on the grounds that the contested decision wrongly held the applicant's trade mark to be descriptive and without distinctive character and inasmuch as it held that the applicant had not proved that its trade mark had acquired by usage a distinctive character for the services concerned.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).