Notice for the OJ

 

Action brought on 4 January 2005 by ReckittBenckiser N.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-3/05)

    Language of the case: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 4 January 2005 by ReckittBenckiser N.V., established in Hoofddorp (The Netherlands) represented by G.S.P. Vos, lawyer.

The applicant claims that the Court should:

-    annul the contested decision of the Board of Appeal of the OHIM;

-    allow the registration of the Community trade mark application No 1 155 712;

-    order the OHIM to pay the costs in accordance with Article 87(2) of the Rules of Procedure of the Court of First Instance.

Pleas in law and main arguments

Community trade mark concerned:        The three dimensional mark of a white and blue rectangular tablet with an oval red centre for goods in classes 1 and 3 (Chemical products for industrial purposes; bleaching preparations and other substances for laundry use and dishwashing, ...) - application No 1 156 595

Decision of the examiner:            Rejection of the application

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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