Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 26.6.2004 | EN | Official Journal of the European Union | C 168/6 |

---

Action brought on 1 April 2004 by Develey Holding GmbH & Co. Beteiligungs KG against the Office for Harmonisation in the Internal Market

(Case T-129/04)

(2004/C 168/11)

Language of the case: German

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 1 April 2004 by Develey Holding GmbH & Co. Beteiligungs KG, Unterhaching (Germany), represented by H.P. Kunz-Hallstein and R. Kunz-Hallstein, 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 20 January 2004; |

|  |  |
| --- | --- |
| — | order the defendant Office to pay the costs. |

Pleas in law and main arguments:

|  |  |
| --- | --- |
| Community trade mark sought: | A three dimensional mark in the shape of a plastic bottle – Application No 2579381. |
| Goods or services: | Goods in Classes 29, 30 and 32 (inter alia, tomato pulp, milk and milk products, mayonnaises, ketchup, fruit drinks). |
| Decision contested before the Board of Appeal: | Refusal by the examiner to register the mark. |
| Decision of the Board of Appeal: | Dismissal of the appeal. |
| Pleas in law: | Infringement of Articles 74(1) and 45 of Regulation (EC) No 40/94[(1)](#ntr1-C_2004168EN.01000602-E0001), infringement of Article 73 of Regulation (EC) No 40/94, insofar as the defendant Office stated that it is not bound by earlier registrations in Member States, and infringement of Article 7(1) of Regulation (EC) No 40/94. |

---

[Top](#document1)