This document is an excerpt from the EUR-Lex website
Document C2005/171/55
Case T-190/05: Action brought on 9 May 2005 by The Sherwin-Williams Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Case T-190/05: Action brought on 9 May 2005 by The Sherwin-Williams Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Case T-190/05: Action brought on 9 May 2005 by The Sherwin-Williams Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
SL C 171, 9.7.2005, p. 34–34
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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9.7.2005 |
EN |
Official Journal of the European Union |
C 171/34 |
Action brought on 9 May 2005 by The Sherwin-Williams Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-190/05)
(2005/C 171/55)
Language of the case: Spanish
An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 9 May 2005 by The Sherwin-Williams Company, represented by Enrique Armijo Chavarri and Antonio Castán Pérez-Gómez, lawyers.
The applicant claims that the Court should:
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annul the decision of the Second Board of Appeal of OHIM of 22 February 2003 (Case R 755/2004-2); |
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order OHIM to pay the costs. |
Pleas in law and main arguments:
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Community trade mark sought: |
Word mark TWIST & POUR — Application No 3.071.041, for goods in Class 21 (hand held plastic containers sold as an integral part of a liquid paint containing storage and pouring device) |
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Decision of the examiner contested before the Board of Appeal: |
Dismissal of the application |
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Decision of the Board of Appeal: |
Dismissal of the appeal |
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Pleas in law: |
Incorrect application of Article 7(1)(b) of Regulation (EC) No 40/94 |