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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.
ECLI:EU:T:2008:553
62007TJ0136
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(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:
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.