Order of the Court of First Instance of 9 December 2008 - Colgate-Palmolive v OHIM - CMS Hasche Sigle (VISIBLE WHITE)
(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)
Language of the case: English
Parties
Applicant: Colgate-Palmolive Co. (New York, 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) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: CMS Hasche Sigle (Cologne, Germany)
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.
Operative part of the order
The Court:
Dismisses the action;
Orders Colgate-Palmolive Co. to pay the costs.
____________1 - OJ C 140, 23.6.2007.