Case T-263/05: Action brought on 18 July 2005 by The Procter & Gamble Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), special chemicals, trade-mark law

C 217/54

EN

Official Journal of the European Union

3.9.2005

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
OHIM of 1 June 2005 (Case R 1184/2004-1) in so far as it
finds that the mark does not satisfy the conditions laid
down in Article 7(1)(b) of Regulation No 40/94;

— annul the decision of the First Board of Appeal of the
OHIM of 3 May 2005 (Case R 845/2004-1) in so far as it
finds that the mark does not satisfy the conditions laid
down in Article 7(1)(b) of Regulation No 40/94;

— order the OHIM to pay the costs.

— order the OHIM to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark
concerned:

three

The
dimensional mark
consisting of a square white tablet
showing a green six petalled floral
design for
in class 3
goods
(Washing and bleaching prepara-
tions and other
for
laundry use; preparations for the
washing cleaning and care of
dishes; soaps;...) — application No
1 683 168

substances

Community trade mark
concerned:

three

The
dimensional mark
consisting of a square white tablet
showing a lilac four petalled floral
design for
in class 3
goods
(Washing and bleaching prepara-
tions and other
for
laundry use; preparations for the
washing cleaning and care of
dishes; soaps;...) — application No
1 683 713

substances

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

the exam-

Refusal of the application

the Board

Dismissal of the appeal

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

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

the exam-

Refusal of the application

the Board

Dismissal of the appeal

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

Action brought on 18 July 2005 by The Procter & Gamble
Company against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Action brought on 18 July 2005 by The Procter & Gamble
Company against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-263/05)

(2005/C 217/111)

(Case T-264/05)

(2005/C 217/112)

(Language of the case: English)

(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 18
July 2005 by The Procter & Gamble Company, established in
Cincinnati, Ohio (USA), represented by G. Kuipers, lawyer, with
an address for service in Luxembourg.

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 18
July 2005 by The Procter & Gamble Company, established in
Cincinnati, Ohio (USA), represented by G. Kuipers, lawyer, with
an address for service in Luxembourg.