Judgment of the Court of First Instance of 8 July 2008 - Lancôme v OHIM - CMS Hasche Sigle (COLOR EDITION)
(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).
____________1 - OJ C 140, 23.06.2007.