Case T-347/05: 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

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.