Source: EURLEX
Language: en
Format: md

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| 14.5.2005 | EN | Official Journal of the European Union | C 115/35 |

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Action brought on 7 March 2005 by Reckitt Benckiser N.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-118/05)

(2005/C 115/62)

Language of the case: English

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 7 March 2005 by Reckitt Benckiser N.V., established in Hoofddorp (The Netherlands), represented by G.S.P. Vos, lawyer.

The applicant claims that the Court should:

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| — | annul the contested decision of the Second Board of Appeal of OHIM; |

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| — | allow the registration of the Community trade mark application number 2 897 338; |

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| — | order OHIM to pay the costs in accordance with Article 87(2) of the Rules of Procedure of the Court of First Instance. |

Pleas in law and main arguments

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| Community trade mark concerned: | The three dimensional mark of a rectangular capsule with a black and white wave around a white circle for goods in classes 1 and 3 (Chemical products for industrial purposes; water softeners; bleaching preparations and other substances for laundry use and dish washing; ...) — application No 2 897 338 |
| Decision of the examiner: | Rejection of the trade mark application |
| Decision of the Board of Appeal: | Dismissal of the appeal |
| Pleas in law: | Wrongful application of Article 7(1)(c) of Council Regulation No 40/94, Violation of Article 7(1)(b) and infringement of the duty to state sufficient reasons |

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