Source: EURLEX
Language: en
Format: md

22.2.2003 EN Official Journal of the European Union C 44/27

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 12 December 2002**

**in Case T-63/01: The Procter & Gamble Company v Office**
**for Harmonisation in the Internal Market (Trade Marks**
**and Designs) (OHIM)** ( [1] )

_**(Community trade mark — Soap bar shape — Compliance**_
_**with a judgment of the Court of First Instance — Rights of**_
_**defence — Absolute ground for refusal — Article 7(1)(b) of**_
_**Regulation (EC) No 40/94)**_

(2003/C 44/50)

_(Language of the case: French)_

In Case T-63/01, The Procter & Gamble Company, established
in Cincinnatti, Ohio (United States of America), represented
by T. van Innis, lawyer, with an address for service in
Luxembourg, vOffice for Harmonisation in the InternalMarket
(Trade Marks and Designs) (OHIM) (Agents: O. Montalto and
E. Joly): Action brought against the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 14 December 2000
(Case R 74/1998-3), which was notified to the applicant on
11 January 2001, the Court of First Instance (Fourth Chamber),
composed of: M. Vilaras, President, V. Tiili and P. Mengozzi,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 12 December 2002, in which it:

1. _Dismisses the action;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 134 of 5.5.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 5 December 2002**

**in Case T-91/01: BioID AG v Office for Harmonisation in**
**the Internal Market (Trade Marks and Designs) (OHIM)** ( [1] )

_**(Community trade mark — Figurative mark containing the**_
_**abbreviation BioID — Absolute grounds for refusal —**_
_**Article 7(1)(b) of Regulation (EC) No 40/94)**_

(2003/C 44/51)

_(Language of the case: German)_

In Case T-91/01, BioID AG, established in Berlin (Germany),
in judicial liquidation, represented by A. Nordemann, lawyer,

v Office for Harmonisation inthe Internal Market (Trade Marks
and Designs) (OHIM) (Agents: S. Bonne and G. Schneider):
Action brought against the decision of the Second Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 20 February 2001 (Case R 538/
1999-2) concerning the registration of a figurative mark
containing the abbreviation BioID, the Court of First Instance
(Second Chamber), composed of: R. M. Moura Ramos, President, J. Pirrung and A. W. H. Meij, Judges; J. Plingers,
Administrator, for the Registrar, has given a judgment on
5 December 2002, in which it:

1. _Dismisses the action;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 227 of 11.8.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 5 December 2002**

**in Case T-130/01: Sykes Enterprises, Incorp. v Office for**
**Harmonisation in the Internal Market (Trade Marks and**
**Designs) (OHIM)** ( [1] )

_**(Community trade mark — REAL PEOPLE, REAL SOL-**_
_**UTIONS — Absolute ground for refusal — Distinctive**_
_**character — Article (7)(1)(b) of Regulation No 40/94)**_

(2003/C 44/52)

_(Language of the case: English)_

In Case T-130/01, Sykes Enterprises, Incorp., established in
Tampa, Florida (United States), represented by E. Körner,
lawyer, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agent: J. Crespo Carrillo):
Action brought against the decision of the Third Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 7 March 2001 (Case R 504/
2000-3), relating to registration of REAL PEOPLE, REAL
SOLUTIONS, the Court of First Instance (Second Chamber),
composed of: R. M. Moura Ramos, President, J. Pirrung and
A. W. H. Meij, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 5 December 2002, in
which it:

1. _Dismisses the application;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 245 of 1.9.2001.