Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Sixth Chamber) of 9 December 2008 – Colgate-Palmolive v OHIM – CMS Hasche Sigle (VISIBLE
WHITE)**

**(Case T-136/07)**

Community trade mark – Invalidity proceedings – Community word mark VISIBLE WHITE – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94

Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paras 45-47)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2007 (Case R 165/2005-4) relating to invalidity proceedings between CMS Hasche Sigle and Colgate-Palmolive Co. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark of which cancellation sought: | Word mark VISIBLE WHITE for goods in Class 3 – Community mark No 802793 |
| Proprietor of the trade mark concerned: | Colgate-Palmolive Co. |
| Party applying for cancellation: | CMS Hasche Sigle |
| Decision of the Cancellation Division: | Application for cancellation dismissed |
| Decision of the Board of Appeal: | Decision of the Cancellation Division set aside; declaration annulling the Community trade mark |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Colgate-Palmolive Co. to pay the costs. |

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