Source: EURLEX
Language: en
Format: md

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| 22.1.2005 | EN | Official Journal of the European Union | C 19/26 |

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Action brought on 8 October 2004 by Henkel KGaA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-398/04)

(2005/C 19/57)

Language of the case: German

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 8 October 2004 by Henkel KGaA, Düsseldorf (Germany), represented by C. Osterrieth, lawyer.

The applicant claims that the Court should:

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| — | annul Decision R 771/1999-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 4 August 2004 relating to Community trade mark application No 941 971 and served on the applicant on 9 August 2004; |

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| — | order the Office to pay the costs. |

Pleas in law and main arguments:

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| Applicant for Community trade mark: | The applicant. |
| Community trade mark sought: | Figurative mark in the form of a dual-layered/dual-coloured (red/white) dishwasher tablet with an oval blue centre for goods in Classes 1 (chemicals for use in industry), 3 (soaps etc.) and 21 (sponges etc.) – Application No 941 971. |
| Decision of the examiner: | Refusal to register. |
| Decision of the Board of Appeal: | Dismissal of the appeal. |
| Pleas in law: | Infringement of Article 7(1)(b) of Regulation No 40/94[(1)](#ntr1-C_2005019EN.01002602-E0001). Misuse of powers. |

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