Source: EURLEX
Language: en
Format: md

C 180/26 EN Official Journal of the European Communities 27.7.2002

**Action brought on 8 May 2002 by SiSi-Werke GmbH &** Pleas in law relied on: — Infringement of
**Co. Betriebs KG against the Office for Harmonisation in** Article 7(1)(c) of Regulation
**the Internal Market (Trade Marks and Designs)** No 40/94 ( [1] )

— No need to refuse the mark
claimed registration
**(Case T-148/02)**
— Infringement of
Article 7(1)(b) of Regulation
(2002/C 180/45) No 40/94

— German registrations for
upright bottles
_(Language of the case: German)_

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1).

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. Blumenröder, C. Niklas-Falter, M. Kinkeldey, K. Brandt, A. Franke,
U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle,
lawyers.
**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)**
The applicant claims that the Court should:

— **(Case T-149/02)**
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 (2002/C 180/46)
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; _(Language of the case: German)_

—
order the defendant to pay the costs.

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,
_Pleas in law and main arguments_
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
Trade mark applied for: Three-dimensional mark in the B. Ertle.
shape of an upright bottle —
application No 573 428

The applicant claims that the Court should:
Goods or services: After limiting the list of goods
and services: goods in Class 32 —
Annul the decision of the Second Board of Appeal of the
(fruit drinks and fruit juices)
Office for Harmonisation in the Internal Market (trade
marks and designs) of 28.2.2002 in Case R 720/1999-2
Decision contested Refusal to register by the Exam- concerning the application for Community Trade Mark
before the Board of iner No 573 048 in so far as it concerns goods falling within
Appeal: class 32 of the Nice Agreement with the following
description: fruit drinks and fruit juices:

Decision of the Board of Dismissal of the applicant’s appeal

—
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 A three-dimensional mark in the —
mark concerned: form of a flat-bottomed pouch — annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Application No 573 048
Marks and Designs) of 28 February 2002 in case R 723/
Goods or services: After restriction of the goods and 1999-2, relating to Community trade mark application
number 573 626, in so far as it relates to goods in
services categories: Goods in class
Class 32 of the Nice Agreement corresponding to the
32 (Fruit drinks and Fruit juices)
following description: fruit drinks and fruit juices;

Decision contested Examiner’s refusal to register
before the Board of

—
Appeal: order the defendant to pay the costs.

Decision of the Board of Rejection of the applicant’s comAppeal: plaint

Grounds of claim: — Infringement of
Article 7(1)(c) of Regulation
_Pleas in law and main arguments_
(EC) No 40/94 ( [1] );

— No need to exclude the trade
mark from registration as a
mark; Trade mark applied for: Three-dimensional mark in the
shape of an upright bottle —
— Infringement of application No 573 626
Article 7(1)(b) of Regulation
(EC) No 40/94;
Goods or services: After limiting the list of goods

—
German registered marks for and services: goods in Class 32
flat-bottomed pouches. (fruit drinks and fruit juices)

( [1] ) Council Regulation (EC) No 40/94 of 20.12.1993 on the Com- Decision contested Refusal to register by the Exammunity trade mark (OJ 1993 L 11, p. 1). before the Board of iner
Appeal:

Decision of the Board of Dismissal of the applicant’s appeal
Appeal:

**Action brought on 8 May 2002 by SiSi-Werke GmbH &** Pleas in law relied on: — Infringement of
**Co. Betriebs KG against the Office for Harmonisation in** Article 7(1)(c) of Regulation
**the Internal Market (Trade Marks and Designs)** No 40/94 ( [1] )

— No need to refuse the mark
**(Case T-150/02)** claimed registration

— Infringement of
(2002/C 180/47) Article 7(1)(b) of Regulation
No 40/94

_(Language of the case: German)_ — German registrations for
upright bottles

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Court of First Instance of the European Communities on 8 May
Community trade mark (OJ 1994 L 11, p. 1).
2002 by SiSi-Werke GmbH & Co. Betriebs KG, of 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,
lawyers.