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-119/05)

(2005/C 115/63)

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 decision adopted on 17 December 2004 by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)in case R 43/2004-2 |

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| — | allow registration of the Community trade mark 2 778 488 |

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| — | order the Office for Harmonisation in the Internal Market to pay the costs. |

Pleas in law and main arguments

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| Community trade mark concerned: | A three-dimensional mark of a transparent rectangular container with rounded angles on the underside and sphere like on the upper side, containing speckled blue gel and a large white ball, for goods in class 1 (water softeners etc.) and 3 (laundry preparations etc.) — application No 2 778 488 |
| Decision of the examiner: | Refusal of registration |
| Decision of the Board of Appeal: | Dismissal of the appeal |
| Pleas in law: | |  |  | | --- | --- | | — | Misapplication of Article 7(1)(b) of Regulation (EC) No 40/94 |  |  |  | | --- | --- | | — | Misapplication of Article 7(1)(c) of Regulation (EC) No 40/94 | |

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