Case T-152/02: Action brought on 8 May 2002 by SiSi-Werke GmbH & Co. Betriebs KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2002-07-27
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage, fruit juice, fruit product, trade-mark law

C 180/28

EN

Official Journal of the European Communities

27.7.2002

Action brought on 8 May 2002 by SiSi-Werke GmbH &
Co. Betriebs KG against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

Pleas in law relied on:

(Case T-151/02)

(2002/C 180/48)

(Language of the case: German)

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 8 May
2002 by SiSi-Werke GmbH & Co. Betriebs KG, of Eppelheim,
Germany, represented by H. Eichmann, G. Barth, U. Blumen-
röder, C. Niklas-Falter, M. Kinkeldey, K. Brandt, A. Franke,
U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle,
lawyers.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 28 February 2002 in case R 721/
1999-2, relating to Community trade mark application
number 573 238,
in so far as it relates to goods in
Class 32 of the Nice Agreement corresponding to the
following description: fruit drinks and fruit juices;

— order the defendant to pay the costs.

Pleas in law and main arguments

Trade mark applied for:

Goods or services:

Three-dimensional mark in the
shape of an upright bottle —
application No 573 238

After limiting the list of goods
and services: goods in Class 32
(fruit drinks and fruit juices)

Decision
before
Appeal:

contested
the Board of

Refusal to register by the Exam-
iner

— Infringement

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

— No need to refuse the mark

claimed registration

— Infringement

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

— German registrations

for

upright bottles

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 8 May 2002 by SiSi-Werke GmbH &
Co. Betriebs KG against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

(Case T-152/02)

(2002/C 180/49)

(Language of the case: German)

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 8 May
2002 by SiSi-Werke GmbH & Co. Betriebs KG, of Eppelheim,
Germany, represented by H. Eichmann, G. Barth, U. Blumen-
röder, C. Niklas-Falter, M. Kinkeldey, K.Brandt, A. Franke,
U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle,
lawyers.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 28 February 2002 in case R 719/
1999-2, relating to Community trade mark application
number 573 154,
in so far as it relates to goods in
Class 32 of the Nice Agreement corresponding to the
following description: fruit drinks and fruit juices;

Decision of the Board of
Appeal:

Dismissal of the applicant’s appeal

— order the defendant to pay the costs.

27.7.2002

EN

Official Journal of the European Communities

C 180/29

Pleas in law and main arguments

The applicant claims that the Court should:

Trade mark applied for:

Goods or services:

Three-dimensional mark in the
shape of an upright bottle —
application No 573 154

After limiting the list of goods
and services: goods in Class 32
(fruit drinks and fruit juices)

Decision
before
Appeal:

contested
the Board of

Refusal to register by the Exam-
iner

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 28 February 2002 in case R 747/
1999-2, relating to Community trade mark application
in so far as it relates to goods in
number 573 360,
Class 32 of the Nice Agreement corresponding to the
following description: fruit drinks and fruit juices;

— order the defendant to pay the costs.

Decision of the Board of
Appeal:

Pleas in law relied on:

Dismissal of the applicant’s appeal

— Infringement

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

— No need to refuse the mark

claimed registration

— Infringement

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

Pleas in law and main arguments

Trade mark applied for:

Three-dimensional mark in the
shape of an upright bottle —
application No 573 360

— German registrations

for

Goods or services:

upright bottles

After limiting the list of goods
and services: goods in Class 32
(fruit drinks and fruit juices)

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Decision
before
Appeal:

contested
the Board of

Refusal to register by the Exam-
iner

Decision of the Board of
Appeal:

Dismissal of the applicant’s appeal

Action brought on 8 May 2002 by SiSi-Werke GmbH &
Co. Betriebs KG against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

Pleas in law relied on:

— Infringement

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

— No need to refuse the mark

claimed registration

— Infringement

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

— German registrations

for

upright bottles

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

(Case T-153/02)

(2002/C 180/50)

(Language of the case: German)

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 8 May
2002 by SiSi-Werke GmbH & Co. Betriebs KG, of Eppelheim,
Germany, represented by H. Eichmann, G. Barth, U. Blumen-
röder, C. Niklas-Falter, M. Kinkeldey, K. Brandt, A. Franke,
U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle,
lawyers.