Action brought on 30 April 2007 - Colgate-Palmolive v OHIM - CMS Hasche Sigle (VISIBLE WHITE)

(Case T-136/07)

Language in which the application was lodged: English

Parties

Applicant: Colgate-Palmolive Co. (New York, United States) (represented by: M. Zintler, H. Harmeling and K.-U. Plath, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: CMS Hasche Sigle (Cologne, Germany)

Form of order sought

The decision of the Fourth Board of Appeal dated 15 February 2007 shall be annulled;

the Court shall confirm the decision of the Cancellation Division and declare that the Community trade mark No 802 793 'VISIBLE WHITE' remains registered;

the applicant receives an award of costs in respect of the request for a declaration of invalidity, a reversal of the award of the costs made in the Board's decision, and an award of costs in respect of this application.

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: The word mark 'VISIBLE WHITE' for goods in class 3 - Community trade mark No 802 793

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade mark: CMS Hasche Sigle

Decision of the Cancellation Division: Rejection of the request for a declaration of invalidity

Decision of the Board of Appeal: Annulment of the Cancellation Division's decision and declaration of invalidity of the Community trade mark

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94 as the Board of Appeal wrongly considered both the element 'VISIBLE' and the element 'WHITE' as descriptive in relation to 'toothpaste' as well as 'mouthwash' and considered the combination as a whole descriptive and devoid of distinctive character.

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