Notice for the OJ

 

Action brought on 5 August 2004 by Colgate-Palmolive Company against Office for Harmonisation in the Internal Market (OHIM)

(Case T-322/04)

(Language of the case: Spanish)

An action against the Office for Harmonisation in the Internal Market (OHIM) was brought before the Court of First Instance of the European Communities on 5 August 2004 by Colgate-Palmolive Company, established in New York (United States), represented by Enrique Armijo Chávarri and Antonio Castán Pérez-Gómez, lawyers.

The applicant claims that the Court of First Instance should:

-    Annul the decision of the Second Board of Appeal of OHIM of 18 May 2004 delivered in Case R 0076/2004-2, and;

-    Order OHIM to pay the costs.

Pleas in law and main arguments

Mark covered by the application:    Word mark "SIMPLY WHITE"- Application No 2688315.

Products or services:    Dentifrices, toothpaste and mouth wash (Class 3).

Decision challenged before the Board

of Appeal:    Refusal by the Examiner of the application.

Decision of the Board of Appeal:    Application dismissed.

Grounds for decision:    Incorrect interpretation of Article 7(1)(b) and (c) of Regulation No 40/94.

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