Action brought on 24 January 2006 - Procter & Gamble v OHIM

(Case T-29/06)

Language of the case: English

Parties

Applicant: The Procter & Gamble Company (Cincinnati, USA) [represented by: G. Kuipers, lawyer]

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 22 November 2005 (Case R 1071/2004-1), which was notified to P&G by letter of 5 December 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 blue 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 1 697 432

Decision of the examiner: Refusal 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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