Official Journal of the European Union

C 154/21

Action brought on 12 May 2006 — International Music and TTV 2000 v OHIM — Past Perfect (PAST PERFECT)

(Case T-133/06)

(2006/C 154/52)

Language in which the application was lodged: German


Applicants: The International Music Company AG (Hamburg, Germany) and TTV 2000 GmbH Tonträger Vertrieb (Hamburg, Germany) (represented by: G. Kukuk, 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: Past Perfect Limited

Forms of order sought

The applicant claims that the Court should:

annul the decision of the First Board of Appeal of OHIM of 3 February 2006, Reference No R 150/2005-1, and remove the registered Community trade mark ‘Past Perfect’, Mark No 1 984 269, from the register;

order OHIM to pay the costs.

Pleas in law and main arguments

Registered Community trade mark the annulment of which has been sought: The word mark ‘PAST PERFECT’ for goods in Class 9 (Community trade mark No 1 984 269).

Proprietor of the Community trade mark: Past Perfect Limited

Applicants for the declaration of annulment: The applicants

Decision of the Cancellation Division: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:

The registered trade mark is devoid of any actual distinctive character within the meaning of Article 7(1)(b) of Regulation (EC) No 40/94, (1)

the contested decision infringes Article 7(2) of Regulation (EC) No 40/94 since it is sufficient when the ground for refusal obtains in part of the Community,

in addition, the contested decision infringes Article 7(1)(c) of Regulation (EC) No 40/94 since the registered trade mark is not identifiable as a mark and is understood, in trade, as a product description,

finally, Article 7(1)(d) of Regulation (EC) No 40/94 has been infringed since the registered trade mark consists of indications which have become customary in the current language or in the bona fide and established practices of the trade.

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