CELEX: C2005/115/63
Language: en
Date: 2005-05-14 00:00:00
Title: Case T-119/05: 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-119/05)
   (2005/C 115/63)
   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:
   
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               annul the decision adopted on 17 December 2004 by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)in case R 43/2004-2
            
         
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               allow registration of the Community trade mark 2 778 488
            
         
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               order the Office for Harmonisation in the Internal Market to pay the costs.
            
         Pleas in law and main arguments
   
               Community trade mark concerned:
            
            
               A three-dimensional mark of a transparent rectangular container with rounded angles on the underside and sphere like on the upper side, containing speckled blue gel and a large white ball, for goods in class 1 (water softeners etc.) and 3 (laundry preparations etc.) — application No 2 778 488
            
         
               Decision of the examiner:
            
            
               Refusal of registration
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal
            
         
               Pleas in law:
            
            
               
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                           Misapplication of Article 7(1)(b) of Regulation (EC) No 40/94
                        
                     
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                           Misapplication of Article 7(1)(c) of Regulation (EC) No 40/94