Source: EURLEX
Language: en
Format: md

C 180/28 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-151/02)**
— Infringement of
Article 7(1)(b) of Regulation
(2002/C 180/48) 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 SiSi-Werke GmbH &**
**Co. Betriebs KG against the Office for Harmonisation in**
**the Internal Market (Trade Marks and Designs)**
The applicant claims that the Court should:

— **(Case T-152/02)**
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 721/
1999-2, relating to Community trade mark application (2002/C 180/49)
number 573 238, 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 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,
_Pleas in law and main arguments_
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,
Trade mark applied for: Three-dimensional mark in the lawyers.
shape of an upright bottle —
application No 573 238

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 February 2002 in case R 719/
Decision contested Refusal to register by the Exam- 1999-2, relating to Community trade mark application
before the Board of iner number 573 154, in so far as it relates to goods in
Appeal: Class 32 of the Nice Agreement corresponding to 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.