Case T-346/05: Action brought on  12 September 2005  — Procter & Gamble/OHIM
Date: 2005-11-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), special chemicals, trade-mark law

26.11.2005

EN

Official Journal of the European Union

C 296/29

Form of order sought

The applicant claims that the Court should:

— Annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market of 14 July
2005 in the appeal proceedings R 0556/2003-1 regarding
the application for Community trade mark No 1 284 470,
served on 19 July 2005;

— Order the Office for Harmonisation in the Internal Market

to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: SERRA Y ROCA, S.A.

Community trade mark concerned: The word mark ‘COR’
goods in Class 3 — application No 1 284 470

for

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

Mark or sign cited in opposition: The national mark ‘Dor’ for
goods in Classes 3, 5 and 21

Decision of the Opposition Division: Rejection of the opposition
in respect of the goods ‘scouring and abrasive preparations;
soaps’ in Class 3

Decision of
appeal

the Board of Appeal: Dismissal of the applicant's

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94 because of likelihood of confusion of the
marks in question due to visual and aural similarity. In addition
the applicant's mark has above average distinctive character
due to intensive use.

— declare that the said Decision, even if valid, would in any
event be void as to waiver of privilege, since it speaks only
of immunity; and

— order the defendant to pay the costs of the applicant.

Pleas in law and main arguments

The applicant is a Member of the European Parliament. Crim-
inal proceedings were instituted against him following which
the Parliament was requested to confirm that the applicant's
prosecution might proceed in accordance with the 1965
Protocol on privileges and immunities of
the European
Communities and, in any event, waive any privilege or immu-
nity so that the prosecution could proceed. By the contested
Decision the Parliament decided to waive the applicant's immu-
nity.

The applicant seeks the annulment of this Decision. He submits
that the Decision was wrong in law in that it considers that
Article 8 of
the 1965 Protocol does not grant protection
against judicial prosecution. He argues that the Parliament's
reasoning is inconsistent, waiving something that it holds not
to exist.

The applicant further contends that the Parliament did not
carry out a fair and complete consideration of the facts and
arguments of both sides.
In this context the applicant also
invokes a violation of Rule 7(7) of the Parliament's Rules of
Procedure,
the Committee expressed an
opinion on the merits of the prosecution whilst forbidden from
doing so.

to the extent

that

The applicant finally invokes the absence of full and adequate
reasons for the contested Decision and submits that it was not
reasonable or proportionate.

Action brought on 5 September 2005 — V/Parliament

(Case T-345/05)

(2005/C 296/63)

Language of the case: English

Parties

Applicant(s): V. (Binsted, United Kingdom) [represented by: J.
Lofthouse, barrister, M. Monan, C. Hayes, solicitors]

Defendant(s): European Parliament

Form of order sought

Action brought on 12 September 2005 — Procter &
Gamble/OHIM

(Case T-346/05)

(2005/C 296/64)

Language of the case: English

Parties

Applicant(s): The Procter & Gamble Company (Cincinnati, USA)
[represented by: G. Kuipers, lawyer]

— declare void and annul the Decision of the European Parlia-
ment dated 5 July 2005 to waive the applicant's immunity;

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

C 296/30

EN

Official Journal of the European Union

26.11.2005

Form of order sought

Pleas in law and main arguments

— Annul the decision of the First Board of Appeal of the
OHIM of 6 July 2005 (Case R 1188/2004-1), which was
notified to P&G by letter of 11 July 2005, in so far as it
finds that the mark does not satisfy the conditions as laid
down in Article 7(1)(b) of Regulation No 40/94; and

— order the OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Three dimensional mark in
form of a square white tablet showing a blue six-petalled floral
design for goods in class 3 (washing and bleaching preparations
and other substances for laundry use; cleaning, polishing,
scouring and abrasive preparations; preparations
the
washing, cleaning and care of dishes; soaps) — application No
1 683 119

for

Decision of the examiner: Refusal of the application in respect of
all the designated goods

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 7(1)(b) of Council Regulation
No 40/94.

Community trade mark concerned: Three dimensional mark in
form of a square white tablet showing a green five-petalled
floral design for goods in class 3 (washing and bleaching
preparations and other substances for laundry use; cleaning,
polishing, scouring and abrasive preparations; preparations for
the washing, cleaning and care of dishes; soaps) — application
No 1 683 473

Decision of the examiner: Refusal of the application in respect of
all the designated goods

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 7(1)(b) of Council Regulation
No 40/94.

Action brought on 7 September 2005 — Provincia di
Imperia v Commission

(Case T-351/05)

(2005/C 296/66)

Language of the case: French

Action brought on 12 September 2005 — Procter &
Gamble/OHIM

(Case T-347/05)

(2005/C 296/65)

Language of the case: English

Parties

Applicant(s): Provincia di Imperia (Imperia, Italy) (represented
by: S. Rostagno, lawyer, K. Platteau, lawyer)

Defendant(s): Commission of the European Communities

Parties

Form of order sought

Applicant(s): The Procter & Gamble Company (Cincinnati, USA)
[represented by: G. Kuipers, lawyers]

The applicant(s) claim(s) that the Court should:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

— order the defendant to pay the costs

— annul the contested decision and any related act;

Form of order sought

Pleas in law and main arguments

— Annul the decision of the First Board of Appeal of the
OHIM of 6 July 2005 (Case R 1182/2004-1), which was
notified to P&G by letter of 13 July 2005, in so far as it
finds that the mark does not satisfy the conditions as laid
down in Article 7(1)(b) of Regulation No 40/94; and

— order the OHIM to pay the costs.

The present action seeks annulment of the Commission's deci-
sion of 30 June 2005 not to accept the proposal presented by
the applicant in response to the call for proposals launched by
the Commission in the context of Community co-financing in
the sphere of innovative measures under Article 6 of the Regu-
lation on the European Social Fund (1) for the planning period
2000-2006.