Judgment of the General Court of 21 May 2014 — Bateaux mouches v OHIM
(Case T-553/12) 1
(Community trade mark — Application for figurative Community trade mark BATEUAX-MOUCHES — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009)
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) (represented by: V. Melgar, Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 9 October 2012 (Case R 1709/2011-2) concerning an application for registration of the figurative sign BATEAUX-MOUCHES as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Compagnie des bateaux mouches SA to pay the costs.
____________1 OJ C 55, 23.2.2013.