ECLI:EU:T:2008:553

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.