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Document C2005/296/65

Case T-347/05: Action brought on 12 September 2005 — Procter & Gamble/OHIM

SL C 296, 26.11.2005, p. 30–30 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

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

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

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.


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