Language of document :

Judgment of the Court of First Instance of 8 July 2008 - Lancôme v OHIM - CMS Hasche Sigle (COLOR EDITION)

(Case T-160/07) 1

(Community trade mark - Invalidity proceedings - Community word mark COLOR EDITION - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 - Legal interest in bringing proceedings - Article 55 of Regulation No 40/94)

Language of the case: French

Parties

Applicant: Lancôme parfums et beauté & Cie SNC (Paris, France) (represented by: E. Baud, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: CMS Hasche Sigle (Cologne, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 26 February 2007 (Case R 231/2006-2) concerning invalidity proceedings between CMS Hasche Sigle and Lancôme parfums et beauté & Cie SNC

Operative part of the judgment

The Court:

1.    dismisses the action;

2.    orders Lancôme parfums et beauté & Cie SNC to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).

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1 - OJ C 140, 23.06.2007.