Judgment of the Court of First Instance of 19 September 2001 in Case T-128/00: Procter & Gamble Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Shape of a product for washing machines or dishwashers — Three-dimensional mark — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, Netherlands, action for annulment (EU), designs and models, polishing and scouring preparations, trade mark

5.1.2002

EN

Official Journal of the European Communities

C 3/29

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 19 September 2001

of 19 September 2001

in Case T-128/00: Procter & Gamble Company v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

in Case T-129/00: Procter & Gamble Company v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Community trade mark — Shape of a product for washing
machines or dishwashers — Three-dimensional mark —
Absolute ground for refusal — Article 7(1)(b) of Regulation
(EC) No 40/94)

(Community trade mark — Shape of a product for washing
machines or dishwashers — Three-dimensional mark —
Absolute ground for refusal — Article 7(1)(b) of Regulation
(EC) No 40/94)

(2002/C 3/49)

(2002/C 3/50)

(Language of the case: English)

(Language of the case: English)

In Case T-128/00: Procter & Gamble Company, established in
Cincinnati, Ohio (United States of America), represented by
C.J.J.C. van Nispen and G. Kuipers, lawyers, with an address
for service in Luxembourg, against Office for Harmonisation
in the Internal Market (Trade Marks and Designs) (OHIM)
(Agents: A. von Mühlendahl, D. Schennen and C. Røhl Søberg)
— application brought against the decision of the First Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 8 March 2000 (Case
R-506/1999-1), which was notified to the applicant on
13 March 2000 — the Court of First
Instance (Second
Chamber), composed of A.W.H. Meij, President, A. Potocki
and J. Pirrung, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 19 September 2001, in
which it:

In Case T-129/00: Procter & Gamble Company, established in
Cincinnati, Ohio (United States of America), represented by
C.J.J.C. van Nispen and G. Kuipers, lawyers, with an address
for service in Luxembourg against Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (Agents:
A. von Mühlendahl, D. Schennen and C. Røhl Søberg) —
application brought against the decision of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 8 March 2000 (Case
R-508/1999-1), which was notified to the applicant on
13 March 2000 — the Court of First
Instance (Second
Chamber), composed of A.W.H. Meij, President, A. Potocki
and J. Pirrung, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 19 September 2001, in
which it:

1. Annuls the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 8 March 2000 (Case R-506/1999-1) in so far
as it concerns products falling within Class 3 of the Nice
Agreement corresponding to the description ‘perfumery, essential
oils, cosmetics, hair lotions; dentifrices’;

1. Annuls the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 8 March 2000 (Case R-508/1999-1) in so far
as it concerns products falling within Class 3 of the Nice
Agreement corresponding to the description ‘perfumery, essential
oils, cosmetics, hair lotions; dentifrices’;

2. Dismisses the remainder of the action;

2. Dismisses the remainder of the action;

3. Orders the parties to bear their own costs.

3. Orders the parties to bear their own costs.

(1) OJ C 192 of 8.7.2000.

(1) OJ C 192 of 8.7.2000.