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30.4.2005 |
EN |
Official Journal of the European Union |
C 106/27 |
Action brought on 31 January 2005 by Reckitt Benckiser N.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-49/05)
(2005/C 106/59)
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 31 January 2005 by Reckitt Benckiser N.V., established in Hoofddorp (the Netherlands) represented by G.S.P. Vos, lawyer.
The applicant claims that the Court should:
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annul the decision adopted on 11 November 2004 by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |
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allow registration of the Community trade mark 2 792 554; |
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order the Office for Harmonisation in the Internal Market to pay the costs. |
Pleas in law and main arguments
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Community trade mark concerned: |
A three-dimensional mark consisting of the shape of the product being a rectangular tablet consisting of a blue top layer with red speckles and in it a sunken shining mother of pearl ball and a lower white layer with green speckles, for goods in class 1 (water softeners etc.) and 3 (laundry preparations etc.) |
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Decision of the examiner: |
Refusal of registration |
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Decision of the Board of Appeal: |
Dismissal of the appeal |
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Pleas in law: |
Misapplication of Article 7(1)(b) of Regulation (EC) No 40/94 (1) Misapplication of Article 7(1)(c) of Regulation (EC) No 40/94 |
(1) Council Regulation (EC) No 40/94 of 20.12.1993 on the Community trade mark (OJ L 11, p. 1).