CELEX: C2004/262/92
Language: en
Date: 2004-10-23 00:00:00
Title: Case T-322/04: Action brought on 5 August 2004 by Colgate-Palmolive Company against Office for Harmonisation in the Internal Market (OHIM)

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/49
            
         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:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of OHIM of 18 May 2004 delivered in Case R 0076/2004-2, and;
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         Pleas in law and main arguments:
   
               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.