CELEX: C2005/115/62
Language: en
Date: 2005-05-14 00:00:00
Title: Case T-118/05: Action brought on 7 March 2005 by Reckitt Benckiser N.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

14.5.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 115/35
            
         Action brought on 7 March 2005 by Reckitt Benckiser N.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-118/05)
   (2005/C 115/62)
   Language of the case: English
   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 7 March 2005 by Reckitt Benckiser N.V., established in Hoofddorp (The Netherlands), represented by G.S.P. Vos, lawyer.
   The applicant claims that the Court should:
   
               —
            
            
               annul the contested decision of the Second Board of Appeal of OHIM;
            
         
               —
            
            
               allow the registration of the Community trade mark application number 2 897 338;
            
         
               —
            
            
               order OHIM to pay the costs in accordance with Article 87(2) of the Rules of Procedure of the Court of First Instance.
            
         Pleas in law and main arguments
   
               Community trade mark concerned:
            
            
               The three dimensional mark of a rectangular capsule with a black and white wave around a white circle for goods in classes 1 and 3 (Chemical products for industrial purposes; water softeners; bleaching preparations and other substances for laundry use and dish washing; ...) — application No 2 897 338
            
         
               Decision of the examiner:
            
            
               Rejection of the trade mark application
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal
            
         
               Pleas in law:
            
            
               Wrongful application of Article 7(1)(c) of Council Regulation No 40/94, Violation of Article 7(1)(b) and infringement of the duty to state sufficient reasons