Source: EURLEX
Language: en
Format: md

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| 23.6.2007 | EN | Official Journal of the European Union | C 140/39 |

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Action brought on 30 April 2007 — Colgate-Palmolive v OHIM — CMS Hasche Sigle (VISIBLE WHITE)

(Case T-136/07)

(2007/C 140/64)

Language in which the application was lodged: English

Parties

Applicant: Colgate-Palmolive Co. (New York, United States) (represented by: M. Zintler, H. Harmeling and K.-U. Plath, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: CMS Hasche Sigle (Cologne, Germany)

Form of order sought

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| — | The decision of the Fourth Board of Appeal dated 15 February 2007 shall be annulled; |

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| — | the Court shall confirm the decision of the Cancellation Division and declare that the Community trade mark No 802 793 ‘VISIBLE WHITE’ remains registered; |

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| — | the applicant receives an award of costs in respect of the request for a declaration of invalidity, a reversal of the award of the costs made in the Board's decision, and an award of costs in respect of this application. |

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: The word mark ‘VISIBLE WHITE’ for goods in class 3 — Community trade mark No 802 793

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade mark: CMS Hasche Sigle

Decision of the Cancellation Division: Rejection of the request for a declaration of invalidity

Decision of the Board of Appeal: Annulment of the Cancellation Division's decision and declaration of invalidity of the Community trade mark

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94 as the Board of Appeal wrongly considered both the element ‘VISIBLE’ and the element ‘WHITE’ as descriptive in relation to ‘toothpaste’ as well as ‘mouthwash’ and considered the combination as a whole descriptive and devoid of distinctive character.

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