CELEX: C2000/063/56
Language: en
Date: 2000-03-04 00:00:00
Title: Case T-337/99: Action brought on 26 November 1999 by Henkel KGaA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

C 63/28               EN                     Official Journal of the European Communities                                       4.3.2000
Action brought on 26 November 1999 by Henkel KGaA                       Action brought on 26 November 1999 by Henkel KGaA
against the Office for Harmonisation in the Internal                    against the Office for Harmonisation in the Internal
              Market (Trade Marks and Designs)                                        Market (Trade Marks and Designs)
                        (Case T-336/99)                                                         (Case T-337/99)
                         (2000/C 63/55)                                                          (2000/C 63/56)
                  (Language of the case: German)                                          (Language of the case: German)
An action against the Office for Harmonisation in the Internal          An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the                 Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on                  Court of First Instance of the European Communities on
26 November 1999 by Henkel KGaA, of Düsseldorf (Ger-                    26 November 1999 by Henkel KGaA, of Düsseldorf (Ger-
many), represented by Holger Friedrich Wissel and Christian             many), represented by Holger Friedrich Wissel and Christian
Osterrieth, Rechtsanwälte, of Messrs Pünder, Volhard, Weber             Osterrieth, Rechtsanwälte, of Messrs Pünder, Volhard, Weber
& Axter, Düsseldorf (Germany), with an address for service in           & Axter, Düsseldorf (Germany), with an address for service in
Luxembourg at the Chambers of Aloyse May, 31 Grand-Rue.                 Luxembourg at the Chambers of Aloyse May, 31 Grand-Rue.
The applicant claims that the Court should:                             The applicant claims that the Court should:
(1) annul the decision adopted on 21 September 1999 by the              (1) annul the decision adopted on 21 September 1999 by the
    Third Board of Appeal of the Office for Harmonisation in                Third Board of Appeal of the Office for Harmonisation in
    the Internal Market in the appeal proceedings (R                        the Internal Market in the appeal proceedings (R
    71/1999-3) concerning Community trade mark regis-                       73/1999-3) concerning Community trade mark regis-
    tration application No 703 231;                                         tration application No 703 215;
(2) order the Office for Harmonisation in the Internal Market           (2) order the Office for Harmonisation in the Internal Market
    to pay the costs.                                                       to pay the costs.
Pleas in law and main arguments                                         Pleas in law and main arguments
The trade mark con-           Three-dimensional mark using              The trade mark con-           Three-dimensional mark using
cerned:                       the colours white and green —             cerned:                       the colours white and red —
                              application No 703 231                                                  application No 703 215
Goods or service con-         Class 3, washing and dish-wash-           Goods or service con-         Class 3, washing and dish-wash-
cerned:                       ing detergent in tablet form              cerned:                       ing detergent in tablet form
Decision        contested     Refusal of registration by the            Decision        contested     Refusal of registration by the
before the Board of           examiner                                  before the Board of           examiner
Appeal:                                                                 Appeal:
Grounds of claim:             — Infringement of Article 7(1)(b)         Grounds of claim:             — Infringement of Article 7(1)(b)
                                  of Regulation (EC) No 40/94                                             of Regulation (EC) No 40/94
                              — Misuse        of     discretionary                                    — Misuse        of    discretionary
                                  powers                                                                  powers
                              — Infringement of procedural                                            — Infringement of procedural
                                  law                                                                     law