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Document C2005/296/62
Case T -342/05: Action brought on 14 September 2005 — Henkel v OHIM
Case T -342/05: Action brought on 14 September 2005 — Henkel v OHIM
Case T -342/05: Action brought on 14 September 2005 — Henkel v OHIM
OJ C 296, 26.11.2005, p. 28–29
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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26.11.2005 |
EN |
Official Journal of the European Union |
C 296/28 |
Action brought on 14 September 2005 — Henkel v OHIM
(Case T -342/05)
(2005/C 296/62)
Language in which the application was lodged: German
Parties
Applicant(s): Henkel KGaA (Düsseldorf, Germany) (represented by: C. Osterrieth, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party or parties to the proceedings before the Board of Appeal of OHIM: Serra Y Roca S.A. (Barcelona, Spain)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 14 July 2005 in the appeal proceedings R 0556/2003-1 regarding the application for Community trade mark No 1 284 470, served on 19 July 2005; |
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Order the Office for Harmonisation in the Internal Market to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: SERRA Y ROCA, S.A.
Community trade mark concerned: The word mark ‘COR’ for goods in Class 3 — application No 1 284 470
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: The national mark ‘Dor’ for goods in Classes 3, 5 and 21
Decision of the Opposition Division: Rejection of the opposition in respect of the goods ‘scouring and abrasive preparations; soaps’ in Class 3
Decision of the Board of Appeal: Dismissal of the applicant's appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 because of likelihood of confusion of the marks in question due to visual and aural similarity. In addition the applicant's mark has above average distinctive character due to intensive use.