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Document C2005/115/63

    Case T-119/05: Action brought on 7 March 2005 by Reckitt Benckiser N.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    ĠU C 115, 14.5.2005, p. 35–36 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    14.5.2005   

    EN

    Official Journal of the European Union

    C 115/35


    Action brought on 7 March 2005 by Reckitt Benckiser N.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-119/05)

    (2005/C 115/63)

    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 7 March 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:

    annul the decision adopted on 17 December 2004 by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)in case R 43/2004-2

    allow registration of the Community trade mark 2 778 488

    order the Office for Harmonisation in the Internal Market to pay the costs.

    Pleas in law and main arguments

    Community trade mark concerned:

    A three-dimensional mark of a transparent rectangular container with rounded angles on the underside and sphere like on the upper side, containing speckled blue gel and a large white ball, for goods in class 1 (water softeners etc.) and 3 (laundry preparations etc.) — application No 2 778 488

    Decision of the examiner:

    Refusal of registration

    Decision of the Board of Appeal:

    Dismissal of the appeal

    Pleas in law:

    Misapplication of Article 7(1)(b) of Regulation (EC) No 40/94

    Misapplication of Article 7(1)(c) of Regulation (EC) No 40/94


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