Source: EURLEX
Language: en
Format: md

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| 23.10.2004 | EN | Official Journal of the European Union | C 262/49 |

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Action brought on 5 August 2004 by Colgate-Palmolive Company against Office for Harmonisation in the Internal Market (OHIM)

(Case T-322/04)

(2004/C 262/92)

Language of the case: Spanish

An action against the Office for Harmonisation in the Internal Market (OHIM) was brought before the Court of First Instance of the European Communities on 5 August 2004 by Colgate-Palmolive Company, established in New York (United States), represented by Enrique Armijo Chávarri and Antonio Castán Pérez-Gómez, lawyers.

The applicant claims that the Court of First Instance should:

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| — | Annul the decision of the Second Board of Appeal of OHIM of 18 May 2004 delivered in Case R 0076/2004-2, and; |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments:

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| Mark covered by the application: | Word mark ‘SIMPLY WHITE’- Application No 2688315. |
| Products or services: | Dentifrices, toothpaste and mouth wash (Class 3). |
| Decision challenged before the Board of Appeal: | Refusal by the Examiner of the application. |
| Decision of the Board of Appeal: | Application dismissed. |
| Grounds for decision: | Incorrect interpretation of Article 7(1)(b) and (c) of Regulation No 40/94. |

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