Source: EURLEX
Language: en
Format: md

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| 9.7.2005 | EN | Official Journal of the European Union | C 171/34 |

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Action brought on 9 May 2005 by The Sherwin-Williams Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-190/05)

(2005/C 171/55)

Language of the case: Spanish

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 9 May 2005 by The Sherwin-Williams Company, represented by Enrique Armijo Chavarri and Antonio Castán Pérez-Gómez, lawyers.

The applicant claims that the Court should:

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| — | annul the decision of the Second Board of Appeal of OHIM of 22 February 2003 (Case R 755/2004-2); |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments:

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| Community trade mark sought: | Word mark TWIST & POUR — Application No 3.071.041, for goods in Class 21 (hand held plastic containers sold as an integral part of a liquid paint containing storage and pouring device) |
| Decision of the examiner contested before the Board of Appeal: | Dismissal of the application |
| Decision of the Board of Appeal: | Dismissal of the appeal |
| Pleas in law: | Incorrect application of Article 7(1)(b) of Regulation (EC) No 40/94 |

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