CELEX: C2005/296/64
Language: en
Date: 2005-11-26 00:00:00
Title: Case T-346/05: Action brought on  12 September 2005  — Procter & Gamble/OHIM

26.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 296/29
            
         Action brought on 12 September 2005 — Procter & Gamble/OHIM
   (Case T-346/05)
   (2005/C 296/64)
   Language of the case: English
   Parties
   
      Applicant(s): The Procter & Gamble Company (Cincinnati, USA) [represented by: G. Kuipers, lawyer]
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul the decision of the First Board of Appeal of the OHIM of 6 July 2005 (Case R 1188/2004-1), which was notified to P&G by letter of 11 July 2005, in so far as it finds that the mark does not satisfy the conditions as laid down in Article 7(1)(b) of Regulation No 40/94; and
            
         
               —
            
            
               order the OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Three dimensional mark in form of a square white tablet showing a blue six-petalled floral design for goods in class 3 (washing and bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; preparations for the washing, cleaning and care of dishes; soaps) — application No 1 683 119
   
      Decision of the examiner: Refusal of the application in respect of all the designated goods
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Violation of Article 7(1)(b) of Council Regulation No 40/94.