Judgment of the Court of First Instance (Sixth Chamber) of 9 December 2008 – Colgate-Palmolive v OHIM – CMS Hasche Sigle (VISIBLE WHITE)

(Case T-136/07)

Community trade mark – Invalidity proceedings – Community word mark VISIBLE WHITE – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94

Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paras 45-47)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2007 (Case R 165/2005-4) relating to invalidity proceedings between CMS Hasche Sigle and Colgate-Palmolive Co.

Information relating to the case

Registered Community trade mark of which cancellation sought:	Word mark VISIBLE WHITE for goods in Class 3 – Community mark No 802793
Proprietor of the trade mark concerned:	Colgate-Palmolive Co.
Party applying for cancellation:	CMS Hasche Sigle
Decision of the Cancellation Division:	Application for cancellation dismissed
Decision of the Board of Appeal:	Decision of the Cancellation Division set aside; declaration annulling the Community trade mark

Operative part

The Court:

1. Dismisses the action;

2. Orders Colgate-Palmolive Co. to pay the costs.