Source: EURLEX
Language: en
Format: md

27.7.2002 EN Official Journal of the European Communities C 180/25

—
order the defendant to pay the costs. The applicant claims that the Court should:

—
annul the decision of the Second Board of Appeal of the
_Pleas in law and main arguments_
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 28 February 2002 in case R 748/
Trade mark applied for: Three-dimensional mark in the 1999-2, relating to Community trade mark application
shape of an upright bottle — number 573 303, in so far as it relates to goods in
application No 573 725 Class 32 of the Nice Agreement corresponding to the
following description: fruit drinks and fruit juices;
Goods or services: After limiting the list of goods
and services: goods in Class 32
(fruit drinks and fruit juices) —
order the defendant to pay the costs.

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:
_Pleas in law and main arguments_

Pleas in law relied on: — Infringement of
Article 7(1)(c) of Regulation
No 40/94 ( [1] ) Trade mark applied for: Three-dimensional mark in the
— No need to refuse the mark shape of an upright bottle —
application No 573 303
claimed registration

— Infringement of
Article 7(1)(b) of Regulation Goods or services: After limiting the list of goods
No 40/94 and services: goods in Class 32
(fruit drinks and fruit juices)
— German registrations for
upright bottles
Decision contested Refusal to register by the Exambefore the Board of iner
( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the Appeal:
Community trade mark (OJ 1994 L 11, p. 1).

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

Pleas in law relied on: — Infringement of
**Action brought on 8 May 2002 by SiSi-Werke GmbH &** Article 7(1)(c) of Regulation
**Co. Betriebs KG against the Office for Harmonisation in** No 40/94 ( [1] )
**the Internal Market (Trade Marks and Designs)** — No need to refuse the mark
claimed registration
**(Case T-147/02)**
— Infringement of
Article 7(1)(b) of Regulation
(2002/C 180/44)
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.