Case T-149/02: Action brought on 8 May 2002 by Deutsche SiSi-Werke GmbH & Co. Betriebs KG against Office for the Harmonisation of 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 180/26

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-148/02)

(2002/C 180/45)

(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 722/
1999-2, relating to Community trade mark application
number 573 428,
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 573 428

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 Deutsche SiSi-Werke
GmbH & Co. Betriebs KG against Office for the Harmonis-
ation of the Internal Market (trade marks and designs)

(Case T-149/02)

(2002/C 180/46)

(Language of the case: German)

An action against 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 Deutsche SiSi-Werke Gmb H & Co. Betriebs KG,
Eppelheim (Germany), represented by H. Eichmann, G. Barth,
U. Blumenröder, C. Niklas-Falter, M. Kinkeldey, K. Brandt,
A. Franke, U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and
B. Ertle.

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 28.2.2002 in Case R 720/1999-2
concerning the application for Community Trade Mark
No 573 048 in so far as it concerns goods falling within
class 32 of the Nice Agreement with 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 of the proceedings.

27.7.2002

EN

Official Journal of the European Communities

C 180/27

Pleas in law and main arguments

The applicant claims that the Court should:

The Community trade
mark concerned:

A three-dimensional mark in the
form of a flat-bottomed pouch —
Application No 573 048

Goods or services:

Decision
before
Appeal:

contested
the Board of

After restriction of the goods and
services categories: Goods in class
32 (Fruit drinks and Fruit juices)

Examiner’s refusal to register

Decision of the Board of
Appeal:

Rejection of the applicant’s com-
plaint

— 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 723/
1999-2, relating to Community trade mark application
in so far as it relates to goods in
number 573 626,
Class 32 of the Nice Agreement corresponding to the
following description: fruit drinks and fruit juices;

— order the defendant to pay the costs.

Grounds of claim:

— Infringement

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

— No need to exclude the trade
mark from registration as a
mark;

— Infringement

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

— German registered marks for
flat-bottomed pouches.

Pleas in law and main arguments

Trade mark applied for:

Three-dimensional mark in the
shape of an upright bottle —
application No 573 626

Goods or services:

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 20.12.1993 on the Com-

munity trade mark (OJ 1993 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-150/02)

(2002/C 180/47)

(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.