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Document C2005/296/65

    Case T-347/05: Action brought on 12 September 2005 — Procter & Gamble/OHIM

    OJ C 296, 26.11.2005, p. 30–30 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    26.11.2005   

    EN

    Official Journal of the European Union

    C 296/30

    Action brought on 12 September 2005 — Procter & Gamble/OHIM

    (Case T-347/05)

    (2005/C 296/65)

    Language of the case: English

    Parties

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

    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 6 July 2005 (Case R 1182/2004-1), which was notified to P&G by letter of 13 July 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 green 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 1 683 473

    Decision of the examiner: Refusal of the application in respect of all the designated goods

    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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