Case T-393/02: Action brought on 27 December 2002 by Henkel KGaA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2003-03-08
Institutions: Court of First Instance
Subjects: EU trade mark, Food and Veterinary Office, action for annulment (EU), cosmetic product, polishing and scouring preparations, trade-mark law

C 55/34

EN

Official Journal of the European Union

8.3.2003

the applicant alleges breach of

Finally,
the fundamental
principles of legal certainty, sound administration and good
faith. The applicant makes the point that it has, on numerous
occasions, approached the Commission without ever obtaining
any indication which would have enabled it to provide results
likely to be acceptable in the eyes of the Commission and the
Council.

( 1) Council Regulation (EC) No 1756/2002 of 23 September 2002
amending Directive 70/524/EEC concerning additives in feeding-
stuffs as regards withdrawal of the authorisation of an additive
and amending Commission Regulation (EC) No 2430/1999 (Text
with EEA relevance) (OJ 2002 L 265, p. 1).

( 2) Council Directive 70/524/EEC of 23 November 1970 concerning
additives in feeding-stuffs (OJ, English Special Edition 1970 (III),
p. 840).

( 3) Commission Regulation (EC) No 2430/1999 of 16 November
1999 linking the authorisation of certain additives belonging to
the group of coccidiostats and other medicinal substances in
feedingstuffs to persons responsible for putting them into circu-
lation (Text with EEA relevance) OJ 1999 L 296, p. 3.

Pleas in law and main arguments

Trade mark for which
Community registration
sought:

Goods or services:

A three-dimensional mark in the
form of a bottle standing on its
head in the colours transparent
and white — Application
No 1162395

Goods of Classes 3 and 20 (includ-
ing soaps, washing and bleaching
preparations, cleaning and pol-
ishing preparations and artificial
containers for liquid, gel-like and
pasty preparations)

Decision
before
Appeal:

challenged
the Board of

Refusal of
examiner

registration by the

Decision of the Board of
Appeal:

Dismissal of the complaint

Pleas in law:

— The mark is distinguished by
a number of special features
and has distinctive force.

— The Board of Appeal disre-
characteristic
the
garded
geometry of the mark.

— The mark has acquired pro-
tection in several Member
States.

Action brought on 27 December 2002 by Henkel KGaA
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-393/02)

(2003/C 55/86)

(Language of the case: German)

Action brought on 27 December 2002 by Arnaldo Lucac-
cioni against Commission of the European Communities

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
27 December 2002 by Henkel KGaA, Düsseldorf (Germany),
represented by C. Osterrieth, Rechtsanwalt, with an address
for service in Luxembourg.

The applicant claims that the Court should:

(Case T-394/02)

(2003/C 55/87)

(Language of the case: French)

— set aside the decision of the Fourth Board of Appeal of
the Office for Harmonisation in the Internal Market of
3 October 2002 in Case R 313/2001-4, concerning
Community
application
No 1162395;

trade mark

registration

— order the Office to pay the costs.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 27 December 2002 by Arnaldo
Lucaccioni, residing in St-Leonards-on-Sea (United Kingdom),
represented by Juan Ramón Iturriagagoitia and Karine Delvol-
vé, lawyers.