Source: EURLEX
Language: en
Format: md

5.1.2002 EN Official Journal of the European Communities C 3/29

**JUDGMENT OF THE COURT OF FIRST INSTANCE** **JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 19 September 2001** **of 19 September 2001**

**in Case T-128/00: Procter & Gamble Company v Office** **in Case T-129/00: Procter & Gamble Company v Office**
**for Harmonisation in the Internal Market (Trade Marks** **for Harmonisation in the Internal Market (Trade Marks**
**and Designs) (OHIM)** ( [1] ) **and Designs) (OHIM)** ( [1] )

_**(Community trade mark — Shape of a product for washing**_ _**(Community trade mark — Shape of a product for washing**_
_**machines or dishwashers — Three-dimensional mark —**_ _**machines or dishwashers — Three-dimensional mark —**_
_**Absolute ground for refusal — Article 7(1)(b) of Regulation**_ _**Absolute ground for refusal — Article 7(1)(b) of Regulation**_
_**(EC) No 40/94)**_ _**(EC) No 40/94)**_

(2002/C 3/49) (2002/C 3/50)

_(Language of the case: English)_ _(Language of the case: English)_

In Case T-128/00: Procter & Gamble Company, established in In Case T-129/00: Procter & Gamble Company, established in
Cincinnati, Ohio (United States of America), represented by Cincinnati, Ohio (United States of America), represented by
C.J.J.C. van Nispen and G. Kuipers, lawyers, with an address C.J.J.C. van Nispen and G. Kuipers, lawyers, with an address
for service in Luxembourg, against Office for Harmonisation for service in Luxembourg against Office for Harmonisation in
in the Internal Market (Trade Marks and Designs) (OHIM) the Internal Market (Trade Marks and Designs) (OHIM) (Agents:
(Agents: A. von Mühlendahl, D. Schennen and C. Røhl Søberg) A. von Mühlendahl, D. Schennen and C. Røhl Søberg) —
— application brought against the decision of the First Board application brought against the decision of the First Board of
of Appeal of the Office for Harmonisation in the Internal Appeal of the Office for Harmonisation in the Internal Market
Market (Trade Marks and Designs) of 8 March 2000 (Case (Trade Marks and Designs) of 8 March 2000 (Case
R-506/1999-1), which was notified to the applicant on R-508/1999-1), which was notified to the applicant on
13 March 2000 — the Court of First Instance (Second 13 March 2000 — the Court of First Instance (Second
Chamber), composed of A.W.H. Meij, President, A. Potocki Chamber), composed of A.W.H. Meij, President, A. Potocki
and J. Pirrung, Judges; D. Christensen, Administrator, for the and J. Pirrung, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 19 September 2001, in Registrar, has given a judgment on 19 September 2001, in
which it: which it:

1. _Annuls the decision of the First Board of Appeal of the Office_ 1. _Annuls the decision of the First Board of Appeal of the Office_
_for Harmonisation in the Internal Market (Trade Marks and_ _for Harmonisation in the Internal Market (Trade Marks and_
_Designs) of 8 March 2000 (Case R-506/1999-1) in so far_ _Designs) of 8 March 2000 (Case R-508/1999-1) in so far_
_as it concerns products falling within Class 3 of the Nice_ _as it concerns products falling within Class 3 of the Nice_
_Agreement corresponding to the description ‘perfumery, essential_ _Agreement corresponding to the description ‘perfumery, essential_
_oils, cosmetics, hair lotions; dentifrices’;_ _oils, cosmetics, hair lotions; dentifrices’;_

2. _Dismisses the remainder of the action;_ 2. _Dismisses the remainder of the action;_

3. _Orders the parties to bear their own costs._ 3. _Orders the parties to bear their own costs._

( [1] ) OJ C 192 of 8.7.2000. ( [1] ) OJ C 192 of 8.7.2000.