Case T-119/05: Action brought on 7 March 2005 by Reckitt Benckiser N.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), chemical industry, chemical product, trade-mark law

14.5.2005

EN

Official Journal of the European Union

C 115/35

Pleas in law and main arguments

Pleas in law and main arguments

the auxiliary staff at

The applicant was a member of
the
Council from 1 December 2002 to 31 July 2003. He claims
that the Council reduced from 73 to 59.5 days the amount of
overtime to which he was entitled for hours worked on Satur-
days, Sundays, holidays and days when the offices were closed,
without informing him of the reasons. In support of this claim,
the applicant pleads infringement of Article 57 of the Condi-
tions of employment of other
the European
Communities, infringement of Article 56 of the Staff Regula-
tions, infringement of Staff Notice No 88/93 and breach of the
duty to state reasons.

servants of

The applicant further alleges that, in breach of Article 70 of the
Conditions of employment of other servants of the European
Communities,
the Council did not pay the contributions
payable to the Caisse de Sécurité Sociale (French Social Security
Fund) of which he was a member. The applicant also claims
compensation for the damage which he suffered as a conse-
quence.

Action brought on 7 March 2005 by Reckitt Benckiser
N.V. against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-118/05)

(2005/C 115/62)

(Language of the case: English)

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market
Court of First Instance of the European Communities on 7
March 2005 by Reckitt Benckiser N.V., established in Hoofd-
dorp (The Netherlands), represented by G.S.P. Vos, lawyer.

Community trade mark
concerned:

The three dimensional mark of a
rectangular capsule with a black
and white wave around a white
circle for goods in classes 1 and 3
(Chemical products for industrial
purposes;
softeners;
water
bleaching preparations and other
laundry use and
substances for
...) — application
dish washing;
No 2 897 338

Decision of
iner:

the exam-

Rejection of the trade mark appli-
cation

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal

Wrongful application of Article
7(1)(c) of Council Regulation No
40/94, Violation of Article 7(1)(b)
and infringement of the duty to
state sufficient reasons

Action brought on 7 March 2005 by Reckitt Benckiser
N.V. against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-119/05)

(2005/C 115/63)

(Language of the case: English)

The applicant claims that the Court should:

— annul the contested decision of the Second Board of Appeal

of OHIM;

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 7
March 2005 by Reckitt Benckiser N.V., established in Hoofd-
dorp (The Netherlands) represented by G.S.P. Vos, lawyer.

— allow the registration of the Community trade mark appli-

The applicant claims that the Court should:

cation number 2 897 338;

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

the Rules of Procedure of

87(2) of
Instance.

— annul the decision adopted on 17 December 2004 by the
Second Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)in case R
43/2004-2

C 115/36

EN

Official Journal of the European Union

14.5.2005

— allow registration

of

the Community

trade mark

2 778 488

— order the Office for Harmonisation in the Internal Market

to pay the costs.

in Brussels, Reina Cantalejo María Teresa, residing in Brussels
and Tejada Fernández Miguel, residing in Zaventem (Belgium),
represented by S. Rodrigues and A. Jaume,
lawyers, with an
address for service in Luxembourg.

The applicants claim that the Court should:

Pleas in law and main arguments

Community trade mark
concerned:

A three-dimensional mark of a
transparent rectangular container
with rounded angles on the under-
side and sphere like on the upper
side, containing speckled blue gel
and a large white ball, for goods
in class 1 (water softeners etc.) and
3 (laundry preparations etc.) —
application No 2 778 488

the exam-

Refusal of registration

1. annul

the Appointing Authority's decisions rejecting the
applicants' complaints, taken together with the Appointing
Authority's decisions of 1 May 2004 changing the appli-
cants' grades to Grade A*8 or B*8;

2. annul the applicants' pay slips implementing the Appointing
Authority's decision to change the applicants' grades to
Grade A*8 or B*8 from 1 May 2004;

3.

invite the Commission to recognise the applicants as being
eligible for promotion to Grade A*10 and B*10 on their
next promotion;

4. order the Commission to make good the loss suffered by
the applicants as a result of their not having been placed in
Grade A*9 or B*9 from 1 May 2004;

the Board

Dismissal of the appeal

5. order the defendant to pay all the costs.

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

— Misapplication

of

of Regulation

7(1)(b)
No 40/94
— Misapplication

of

7(1)(c)
No 40/94

of Regulation

Article
(EC)

Article
(EC)

Pleas in law and main arguments

The pleas in law and main arguments are those relied upon in
case T-114/05 Joerg Peter Block and Others v Commission.

Action brought on 8 March 2005 by Andreas Knaul and
Others against the Commission of the European Commu-
nities

Action brought on 11 March 2005 by Olivier Chassagne
against the Commission of the European Communities

(Case T-120/05)

(2005/C 115/64)

(Language of the case: French)

(Case T-123/05)

(2005/C 115/65)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 8 March 2005 by Knaul Andreas,
residing in Riga (Latvia), Márquez Camacho Antonio, residing

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 11 March 2005 by Olivier Chas-
sagne, residing in Brussels, represented by Stéphane Rodrigues
and Yola Minatchy,
lawyers, with an address for service in
Luxembourg.