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Document C2007/140/71

Case T-160/07: Action brought on 7 May 2007 — Lancôme Parfums et Beauté & Cie v OHIM

IO C 140, 23.6.2007, pp. 43–44 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

23.6.2007   

EN

Official Journal of the European Union

C 140/43


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

(Case T-160/07)

(2007/C 140/71)

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 40/94 (1) 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.


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


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