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26.11.2005 |
EN |
Official Journal of the European Union |
C 296/30 |
Action brought on 12 September 2005 — Procter & Gamble/OHIM
(Case T-347/05)
(2005/C 296/65)
Language of the case: English
Parties
Applicant(s): The Procter & Gamble Company (Cincinnati, USA) [represented by: G. Kuipers, lawyers]
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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Annul the decision of the First Board of Appeal of the OHIM of 6 July 2005 (Case R 1182/2004-1), which was notified to P&G by letter of 13 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 |
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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 green five-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 1 683 473
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.