Source: EURLEX
Language: en
Format: md

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| 17.4.2004 | EN | Official Journal of the European Union | C 94/39 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

28 January 2004

in Joined Cases T-146/02 to T-153/02: Deutsche SiSi-Werke GmbH & Co. Betriebs KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2004094EN.01003901-E0001)

(Community trade mark - Three-dimensional mark - Form of drinks packaging - Stand-up pouch - Absolute grounds for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Need to preserve a sign's availability)

(2004/C 94/112)

Language of the case: German

In Joined Cases T-146/02 to T-153/02, Deutsche SiSi-Werke GmbH & Co. Betriebs KG, established in Eppelheim (Germany), represented by A. Franke, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs), (Agent: G. Schneider): Actions brought against the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 February 2002 (Cases R 719/1999 2 to R 724/1999 2, R 747/1999 2 and R 748/1999 2) concerning the registration of three-dimensional trade marks (stand-up pouches), the Court of First Instance (Second Chamber), composed of N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment on 28 January 2004, in which it:

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| 1. | Dismisses the actions; |

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| 2. | Orders the applicant to pay the costs. |

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