CELEX: C2005/171/55
Language: en
Date: 2005-07-09 00:00:00
Title: Case T-190/05: Action brought on 9 May 2005 by The Sherwin-Williams Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

9.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/34
            
         Action brought on 9 May 2005 by The Sherwin-Williams Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-190/05)
   (2005/C 171/55)
   Language of the case: Spanish
   An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 9 May 2005 by The Sherwin-Williams Company, represented by Enrique Armijo Chavarri and Antonio Castán Pérez-Gómez, lawyers.
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Second Board of Appeal of OHIM of 22 February 2003 (Case R 755/2004-2);
            
         
               —
            
            
               order OHIM to pay the costs.
            
         Pleas in law and main arguments:
   
               Community trade mark sought:
            
            
               Word mark TWIST & POUR — Application No 3.071.041, for goods in Class 21 (hand held plastic containers sold as an integral part of a liquid paint containing storage and pouring device)
            
         
               Decision of the examiner contested before the Board of Appeal:
            
            
               Dismissal of the application
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal
            
         
               Pleas in law:
            
            
               Incorrect application of Article 7(1)(b) of Regulation (EC) No 40/94