Judgment of the Court of First Instance of 5 December 2002 in Case T-130/01: Sykes Enterprises, Incorp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — REAL PEOPLE, REAL SOLUTIONS — Absolute ground for refusal — Distinctive character — Article (7)(1)(b) of Regulation No 40/94)
Date: 2003-02-22
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), trade-mark law

22.2.2003

EN

Official Journal of the European Union

C 44/27

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 December 2002

in Case T-63/01: The Procter & Gamble Company v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Community trade mark — Soap bar shape — Compliance
with a judgment of the Court of First Instance — Rights of
defence — Absolute ground for refusal — Article 7(1)(b) of
Regulation (EC) No 40/94)

(2003/C 44/50)

(Language of the case: French)

In Case T-63/01, The Procter & Gamble Company, established
in Cincinnatti, Ohio (United States of America), represented
by T. van Innis,
lawyer, with an address for service in
Luxembourg, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: O. Montalto and
E. Joly): Action brought against the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 14 December 2000
(Case R 74/1998-3), which was notified to the applicant on
11 January 2001, the Court of First Instance (Fourth Chamber),
composed of: M. Vilaras, President, V. Tiili and P. Mengozzi,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 12 December 2002, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

( 1) OJ C 134 of 5.5.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 December 2002

in Case T-91/01: BioID AG v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Figurative mark containing the
abbreviation BioID — Absolute grounds for refusal —
Article 7(1)(b) of Regulation (EC) No 40/94)

v Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: S. Bonne and G. Schneider):
Action brought against the decision of the Second Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 20 February 2001 (Case R 538/
1999-2) concerning the registration of a figurative mark
containing the abbreviation BioID, the Court of First Instance
(Second Chamber), composed of: R. M. Moura Ramos, Presi-
dent,
J. Plingers,
Administrator, for the Registrar, has given a judgment on
5 December 2002, in which it:

J. Pirrung and A. W. H. Meij,

Judges;

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 227 of 11.8.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 December 2002

in Case T-130/01: Sykes Enterprises, Incorp. v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — REAL PEOPLE, REAL SOL-
UTIONS — Absolute ground for refusal — Distinctive
character — Article (7)(1)(b) of Regulation No 40/94)

(2003/C 44/52)

(Language of the case: English)

In Case T-130/01, Sykes Enterprises, Incorp., established in
Tampa, Florida (United States), represented by E. Körner,
lawyer, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agent: J. Crespo Carrillo):
Action brought against the decision of the Third Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 7 March 2001 (Case R 504/
2000-3), relating to registration of REAL PEOPLE, REAL
SOLUTIONS, the Court of First Instance (Second Chamber),
composed of: R. M. Moura Ramos, President, J. Pirrung and
A. W. H. Meij, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 5 December 2002, in
which it:

(2003/C 44/51)

1. Dismisses the application;

(Language of the case: German)

2. Orders the applicant to pay the costs.

In Case T-91/01, BioID AG, established in Berlin (Germany),
in judicial liquidation, represented by A. Nordemann, lawyer,

(1) OJ C 245 of 1.9.2001.