Action brought on 7 May 2007 - Lancôme Parfums et Beauté & Cie v OHIM

(Case T-160/07)

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 40/94¹ 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.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).