CELEX: C2005/019/57
Language: en
Date: 2005-01-22 00:00:00
Title: Case T-398/04: Action brought on 8 October 2004 by Henkel KGaA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

22.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/26
            
         Action brought on 8 October 2004 by Henkel KGaA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-398/04)
   (2005/C 19/57)
   Language of the case: German
   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 8 October 2004 by Henkel KGaA, Düsseldorf (Germany), represented by C. Osterrieth, lawyer.
   The applicant claims that the Court should:
   
               —
            
            
               annul Decision R 771/1999-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 4 August 2004 relating to Community trade mark application No 941 971 and served on the applicant on 9 August 2004;
            
         
               —
            
            
               order the Office to pay the costs.
            
         Pleas in law and main arguments:
   
               Applicant for Community trade mark:
            
            
               The applicant.
            
         
               Community trade mark sought:
            
            
               Figurative mark in the form of a dual-layered/dual-coloured (red/white) dishwasher tablet with an oval blue centre for goods in Classes 1 (chemicals for use in industry), 3 (soaps etc.) and 21 (sponges etc.) – Application No 941 971.
            
         
               Decision of the examiner:
            
            
               Refusal to register.
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal.
            
         
               Pleas in law:
            
            
               Infringement of Article 7(1)(b) of Regulation No 40/94 (1). Misuse of powers.
            
         
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).