CELEX: 62007TJ0136
Community trade mark
Invalidity proceedings
Community word mark VISIBLE WHITE
Absolute ground for refusal
Descriptive character
Article 7(1)(c) of Regulation (EC) No 40/94

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2007 (Case R 165/2005-4) relating
to invalidity proceedings between CMS Hasche Sigle and Colgate-Palmolive Co.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Word mark VISIBLE WHITE for goods in Class 3 – Community mark No 802793
Proprietor of the trade mark concerned:
Colgate-Palmolive Co.
Party applying for cancellation:
CMS Hasche Sigle
Decision of the Cancellation Division:
Application for cancellation dismissed
Decision of the Board of Appeal:
Decision of the Cancellation Division set aside; declaration annulling the Community trade mark
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Colgate-Palmolive Co. to pay the costs.