Community trade mark Absolute ground for refusal Invalidity proceedings Descriptive character Article 7(1)(c) of Regulation (EC) No 40/94 Community word mark VISIBLE WHITE
Sumário
Judgment of the Court of First Instance (Sixth Chamber) of 9 December 2008.
Colgate-Palmolive Co. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community word mark VISIBLE WHITE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94.
Case T-136/07.
Texto da decisão
Judgment of the Court of First Instance (Sixth Chamber) of 9 December 2008 – Colgate-Palmolive v OHIM – CMS Hasche Sigle (VISIBLE WHITE)
(Case T-136/07)
Community trade mark – Invalidity proceedings – Community word mark VISIBLE WHITE – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94
Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paras 45-47)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2007 (Case R 165/2005-4) relating to invalidity proceedings between CMS Hasche Sigle and Colgate-Palmolive Co. |
Information relating to the case
|
Registered Community trade mark of which cancellation sought: |
Word mark VISIBLE WHITE for goods in Class 3 – Community mark No 802793 |
|
Proprietor of the trade mark concerned: |
Colgate-Palmolive Co. |
|
Party applying for cancellation: |
CMS Hasche Sigle |
|
Decision of the Cancellation Division: |
Application for cancellation dismissed |
|
Decision of the Board of Appeal: |
Decision of the Cancellation Division set aside; declaration annulling the Community trade mark |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Colgate-Palmolive Co. to pay the costs. |