Case T-118/05: 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