Case T-342/05: Judgment of the Court of First Instance of 23 May 2007 — Henkel KGaA v OHIM — SERCA(COR) ( Community trade mark — Opposition proceedings — Application for Community word mark COR — Earlier national figurative mark including the word element dor in gothic script — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 )
Date: 2007-07-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetics industry, trade-mark law

7.7.2007

EN

Official Journal of the European Union

C 155/23

Defendant: Commission of the European Communities (repre-
sented by: U. Wölker and X. Lewis, Agents)

Operative part of the judgment

Re:

Action for annulment of an alleged decision addressed to the
applicant relating to the allocation of import quotas for methyl
bromide for 2005, contained in the Commission's letter to the
applicant of 11 April 2005

The Court:

1. Dismisses the actions;

2. Orders the applicant to pay the costs.

(1) OJ C 205, 20.8.2005.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the applicant to bear its own costs and those incurred by the

Commission.

Judgment of the Court of First Instance of 23 May 2007 —
Henkel KGaA v OHIM — SERCA(COR)

(1) OJ C 182, 23.7.2005.

(Case T-342/05) (1)

(‘Community trade mark — Opposition proceedings — Appli-
cation for Community word mark COR — Earlier national
figurative mark including the word element “dor” in gothic
script — Relative ground for refusal — No likelihood of
confusion — Article 8(1)(b) of Regulation (EC) No 40/94’)

Judgment of the Court of First Instance of 23 May 2007 —
The Procter & Gamble Company v OHIM

(Joined Cases T-241/05, T-262/05 to T-264/05, T-346/05,
T-347/05, T-29/06 to T-31/06) (1)

Parties

(2007/C 155/46)

Language of the case: German

(Community trade mark — Applications for three-dimensional
trade marks — Square white tablets with coloured floral
design — Absolute ground for refusal — Article 7(1)(b) of
Regulation (EC) No 40/94 — Absence of distinctive
character)

(2007/C 155/45)

Language of the case: English

Parties

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

Defendant: Office for Harmonisation in the Internal Market
(represented by: D. Schennen, then G. Schneider, Agents)

Re:

Nine Actions against the decisions of the First Board of Appeal
of OHIM of 14 April 2005 (case R 843/2004-1), of 3 May 2005
(Case R 845/2004-1), of 4 May 2005 (Case R 849/2004-1), of
1 June 2005 (Case R 1184/2004-1), of 6 July 2005 (Cases R
1188/2004-1 and R 1182/2004-1), of 16 November 2005
(Case R 1183/2004-1), of 21 November 2005 (Case R 1072/
2004-1) and of 22 November 2005 (Case R 1071/2004-1)
concerning the application to register three-dimensional trade
marks.

Applicant(s): Henkel KGaA (Düsseldorf, Germany) (represented
by C. Osterrieth, lawyer)

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented initially by A. Folliard-
Monguiral then by G. Schneider, agents)

Other party to the proceedings before the Board of Appeal of OHIM:
Serra Y Roca, SA (SERCA) (Barcelona, Spain)

Re:

Action for annulment brought against
the
First Board of Appeal of OHIM of 14 July 2005 (Case R
556/2003-1)
relating to opposition proceedings between
Henkel KGaA and Serra y Roca, SA (SERCA).

the decision of

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the applicant to pay the costs.

(1) OJ C 296 of 26.11.2005.