Case T-31/06: Action brought on  24 January 2006  — Procter & Gamble v OHIM
Date: 2006-04-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), polishing and scouring preparations, trade-mark law

C 86/34

EN

Official Journal of the European Union

8.4.2006

— order the OHIM to pay the costs.

Decision of the examiner: Refusal of the application

Pleas in law and main arguments

Community trade mark concerned: Three dimensional mark in
form of a square white tablet showing a blue 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
the
washing, cleaning and care of dishes; soaps) — application No
1 697 432

for

Decision of the examiner: Refusal of the application

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.

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 24 January 2006 — Procter & Gamble
v OHIM

(Case T-31/06)

(2006/C 86/70)

Language of the case: English

Action brought on 24 January 2006 — Procter & Gamble
v OHIM

(Case T-30/06)

(2006/C 86/69)

Language of the case: English

Parties

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

Parties

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

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

Form of order sought

— Annul the decision of the First Board of Appeal of the
OHIM of 16 November 2005 (Case R 1183/2004-1), which
was notified to P&G by letter of 23 November 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

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

— order the OHIM to pay the costs.

Form of order sought

Pleas in law and main arguments

— Annul the decision of the First Board of Appeal of the
OHIM of 21 November 2005 (Case R 1072/2004-1), which
was notified to P&G by letter of 5 December 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 four 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 1 683 408

Community trade mark concerned: Three dimensional mark in
form of a square white tablet showing a lilac 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
the
washing, cleaning and care of dishes; soaps) — application No
1 683 457

for

Decision of the examiner: Refusal of the application

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.