Case T-2/05: Action brought on 4 January 2005 by ReckittBenckiser N.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-03-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), polishing and scouring preparations, trade-mark law

C 69/22

EN

Official Journal of the European Union

19.3.2005

Pleas in law and main arguments

January 2005 by ReckittBenckiser N.V., established in Hoofd-
dorp (The Netherlands) represented by G.S.P. Vos, lawyer.

Applicant for the Com-
munity trade mark:

Pharmaceuticals

Teva
Limited

Industries

The applicant claims that the Court should:

Community trade mark
concerned:

for
The word mark ‘GALZIN’
goods in Class 5 (pharmaceutical
preparations for the treatment of
Wilson's disease – Application No
1 606 102)

Proprietor of the mark
or
sign cited in the
opposition proceedings:

The applicant

Mark or sign cited in
opposition:

The national word mark ‘CALSYN’
for products in Class 5 (pharma-
ceutical and medical preparations,
calcium-based
more
preparations – French trade mark
No 1 226 303)

specifically

Decision of the Opposi-
tion Division:

Opposition upheld

Decision of
of Appeal:

the Board

Annulment of the decision of the
Opposition Division

Pleas in law relied on:

Misinterpretation of Article 43(2)
of Council Regulation No 40/94
given that all the products claimed
had not been taken into account
and there was no overall compar-
ison of the two trade marks. The
goods covered by the two marks
in conflict are similar.

— annul the contested decision of the Board of Appeal of the

OHIM;

— allow the registration of the Community trade mark appli-

cation No 1 155 712;

— order the OHIM to pay the costs in accordance with Article
the Court of First

the Rules of Procedure of

87(2) of
Instance.

Pleas in law and main arguments

Community trade mark
concerned:

The three dimensional mark of a
white and blue rectangular tablet
with an oval white centre for
goods in classes 1 and 3 (Chemical
products for industrial purposes;
bleaching preparations and other
substances for
-
application No 1 155 712

laundry use,...)

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

the exam-

Rejection of the application

the Board

Dismissal of the appeal

Violation of Article 7(1)(b) of
Council Regulation No 40/94

Action brought on 4 January 2005 by ReckittBenckiser
N.V. against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

Action brought on 4 January 2005 by ReckittBenckiser
N.V. against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-2/05)

(2005/C 69/40)

(Language of the case: English)

(Case T-3/05)

(2005/C 69/41)

(Language of the case: English)

An action against the Office for Harmonisation in the Internal
Market
(Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 4

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 4
January 2005 by ReckittBenckiser N.V., established in Hoofd-
dorp (The Netherlands) represented by G.S.P. Vos, lawyer.