Judgment of the Court of First Instance of 9 October 2002 in Case T-360/00: Dart Industries Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — "UltraPlus" — Absolute grounds for refusal — Descriptive character, distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
Date: 2002-12-21
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), plastics industry, trade mark, trade-mark law

21.12.2002

EN

Official Journal of the European Communities

C 323/33

— in Case T-330/00, for annulment of the decisions of
16 March 2000 and 22 February 2000 of the authority
empowered to conclude contracts not to accept the
respective candidatures of Mr Cocchi and Mrs Hainz for
the posts declared to be vacant by vacancy notices COM/
R/5530/00 and COM/R/5500/00 respectively or, in the
alternative, annulment of those vacancy notices and for
compensation in respect of the harm allegedly suffered
by the applicants;

— in Case T-114/01, for annulment of the decisions of
appointment adopted by the authority empowered to
conclude contracts under the recruitment procedures
initiated by vacancy notices COM/R/5530/00 and COM/
R/5500/00 and for compensation in respect of the harn
allegedly suffered by the applicants,

composed of: R. M. Moura Ramos, President, J. Pirrung and
A. W. H. Meij,
for the
Registrar, has given a judgment on 9 October 2002, in which
it:

Judges; J. Plingers, Administrator,

1. Annuls the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 22 September 2000 (Case R 278/2000-1);

2. Orders the defendant to pay the costs.

(1) OJ C 45 of 10.2.2001.

the Court of First Instance (Fifth Chamber), composed of
J.D. Cooke, President of the Chamber, R. García-Valdecasas
and P. Lindh,
for the
Registrar, has given a judgment on 17 October 2002 in which
it:

J. Plingers, Administrator,

Judges;

1. Dismisses the actions;

2. Orders all the parties to bear their own costs.

( 1) OJ C 372, 23.12.2000, and C 227, 11.8.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 October 2002

in Case T-36/01: Glaverbel v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Regulation (EC) No 40/94 —
Design applied to the surface of goods — Absolute ground
for refusal — Distinctive character — Right to a hearing)

(2002/C 323/53)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(Language of the case: English)

of 9 October 2002

in Case T-360/00: Dart Industries Inc. v Office for Har-
monisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — ‘UltraPlus’ — Absolute grounds
for refusal — Descriptive character, distinctive character —
Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

(2002/C 323/52)

(Language of the case: English)

In Case T-360/00, Dart Industries Inc., established in Orlando,
Florida (United States of America), represented by J. Gray and
K.-U. Jonas, lawyers, v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (Agent: V. Melgar):
Action brought against the decision of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 22 September 2000 (Case R
278/2000-1) on the registration of ‘UltraPlus’ as a Community
trade mark, the Court of First Instance (Second Chamber),

In Case T-36/01, Glaverbel, established in Brussels (Belgium),
represented by S. Möbus, lawyer, v Office for Harmonisation
in the Internal Market (Trade Marks and Designs) (OHIM)
(Agents: A. di Carlo and G. Schneider): Action brought against
the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) of 30 November 2000 (Case R 137/2000-1), the
Court of First
Instance (Second Chamber), composed of:
R. M. Moura Ramos, President, J. Pirrung and A. W. H. Meij,
Judges; J. Palacio González, Administrator, for the Registrar,
has given a judgment on 9 October 2002, 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) (OHIM) of 30 November 2000 (Case R 137/2000-
1);

2. Orders the Office to bear its own costs and to pay those incurred

by the applicant.

(1) OJ C 118 of 21.4.2001.