Action brought on 24 December 2012 - Compagnie des bateaux mouches SA v OHIM

(Case T-553/12)

Language of the case: French

Parties

Applicant: Compagnie des bateaux mouches SA (Paris, France) (represented by G. Barbaut, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should:

declare the application admissible;

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 October 2012 in Case R 1709/2011-2;

alter that decision;

order the General Court of the European Union to pay all the costs.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark containing the word elements 'BATEAUX-MOUCHES' in respect of services in Classes 39, 41 and 43 - Application for registration No 5 666 631

Decision of the Examiner: Partial rejection of the trade mark application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009

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