Source: EURLEX
Language: en
Format: md

27.7.2002 EN Official Journal of the European Communities C 180/29

_Pleas in law and main arguments_ The applicant claims that the Court should:

Trade mark applied for: Three-dimensional mark in the —
annul the decision of the Second Board of Appeal of the
shape of an upright bottle —
Office for Harmonisation in the Internal Market (Trade
application No 573 154
Marks and Designs) of 28 February 2002 in case R 747/
1999-2, relating to Community trade mark application
Goods or services: After limiting the list of goods
number 573 360, in so far as it relates to goods in
and services: goods in Class 32
Class 32 of the Nice Agreement corresponding to the
(fruit drinks and fruit juices)
following description: fruit drinks and fruit juices;

Decision contested Refusal to register by the Exambefore the Board of iner

—
order the defendant to pay the costs.
Appeal:

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

Pleas in law relied on: — Infringement of
Article 7(1)(c) of Regulation _Pleas in law and main arguments_
No 40/94 ( [1] )

— No need to refuse the mark
claimed registration Trade mark applied for: Three-dimensional mark in the
— Infringement of shape of an upright bottle —
application No 573 360
Article 7(1)(b) of Regulation
No 40/94

— German registrations for Goods or services: After limiting the list of goods
upright bottles and services: goods in Class 32
(fruit drinks and fruit juices)

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1). Decision contested Refusal to register by the Exambefore 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-153/02)**
claimed registration

— Infringement of
(2002/C 180/50)
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.