Source: EURLEX
Language: en
Format: md

16.3.2002 EN Official Journal of the European Communities C 68/1

## I

_(Information)_

# COURT OF JUSTICE

**COURT OF JUSTICE**

**Assumption of duties by a new Judge of the Court of** _Fifth Chamber_
**Justice**
Mr Jann, President of the Chamber,

(2002/C 68/01) Mr von Bahr, Mr Edward, Mr La Pergola, Mr Wathelet,
Mr Timmermans and Mr Rosas, Judges.

Following his appointment as Judge of the Court of Justice of 2. In addition, as regards the period from 22 January 2002
the European Communities by decision of the Governments to 6 October 2002, the list on the basis of which the
of the Member States of the European Communities of composition of the Fifth Chamber is determined, as set out in
19 December 2001( [1] ), Mr Allan Rosas took his oath before the decision adopted by the Court at its meeting on 18 Septemthe Court on 16 January 2002. ber 2001( [1] ), has been amended as follows:

_Fifth Chamber_
( [1] ) OJ L&nbsp:20 of 23.1.2002, p. 4.
(President: Mr Jann)

Mr Edward, Mr La Pergola, Mr von Bahr, Mr Timmermans,
Mr Wathelet, and Mr Rosas, Judges.

( [1] ) OJ C 303 of 27.10.2001, p. 1.
**Decisions adopted by the Court at its general meeting on**
**22 January 2002**

(2002/C 68/02)

The Court of Justice of the European Communities adopted **Appeal brought on 6 December 2001 by Procter &**
the following decisions at its meeting on 22 January 2002: **Gamble Company against the judgment delivered on**
**19 September 2001 by the Second Chamber of the Court**
**of First Instance of the European Communities in case**
**T-117/00** ( [1] ) **between Procter & Gamble Company and**
_Assignment of Judge Rosas_
**Office for Harmonisation in the Internal Market (Trade**
**Marks and Designs) (OHIM)**
Mr Rosas is assigned to the First and Fifth Chambers.
**(Case C-468/01 P)**

_Composition of the Fifth Chamber_ (2002/C 68/03)

1. The composition of the Fifth Chamber for the period
from 22 January 2002 to 6 October 2002 has been determined An appeal against the judgment delivered on 19 September
as follows: 2001 by the Second Chamber of the Court of First Instance of

C 68/2 EN Official Journal of the European Communities 16.3.2002

—
the European Communities in case T-117/00 between Procter in failing to assess whether the specific pattern (speckles
& Gamble Company and Office for Harmonisation in the and/or layers) of the colours was already part of the usual
Internal Market (Trade Marks and Designs) (OHIM) was get up(s) of the tablets on the market at the relevant date
brought before the Court of Justice of the European Communi- and, if not, whether the difference is perceptible, rendering
ties on 6 December 2001 by Procter & Gamble Company, it apt to confer distinctive character on the Marks.
established in Cincinnati, Ohio (United States of America),
represented by C.J.J.C. van Nispen and G. Kuipers, lawyers.

( [1] ) OJ C 192, 8.7.2000, p. 21.

The Appellant claims that the Court should:

—
annul the judgment

—
order the OHIM to pay the costs both at first instance
**Appeal brought on 6 December 2001 by Procter &**
and on appeal.
**Gamble Company against the judgment delivered on**
**19 September 2001 by the Second Chamber of the Court**
**of First Instance of the European Communities in case**
**T-118/00** ( [1] ) **between Procter & Gamble Company and**
**Office for Harmonisation in the Internal Market (Trade**
_Pleas in law and main arguments_ **Marks and Designs) (OHIM)**

**(Case C-469/01 P)**

The Appellant submits that the Court of First Instance erred in
the following respects: (2002/C 68/04)

—
in deeming it unnecessary to decide whether the distinctive character of the Mark should be assessed by reference
An appeal against the judgment delivered on 19 September
to the date on which the application for registration is
2001 by the Second Chamber of the Court of First Instance of
filed or the date of actual registration;
the European Communities in case T-118/00 between Procter
& Gamble Company and Office for Harmonisation in the
— Internal Market (Trade Marks and Designs) (OHIM) was
in holding that the level of attention given by the average
brought before the Court of Justice of the European Communiconsumer to the shape and colours of washing machine
ties on 6 December 2001 by Procter & Gamble Company,
and dishwasher tablets is not high;
established in Cincinnati, Ohio (United States of America),
represented by C.J.J.C. van Nispen and G. Kuipers, lawyers.

—
in deeming it appropriate to ascertain whether the Marks
applied for will enable the members of the public targeted
to distinguish the products from those having a different The Appellant claims that the Court should:
trade origin when they come to select a product for
purchase; — annul the judgment

—
— order the OHIM to pay the costs both at first instance
in holding that the slightly rounded corners of the tablet
and on appeal.
are not likely to be perceived by the average consumer as
a distinctive feature of the shape claimed, capable of
distinguishing it from other washing machine or
dishwasher tablets and in failing to assess whether such
slightly rounded corners were already part of the usual _Pleas in law and main arguments_
get up(s) of the tablets on the market at the relevant date
and, if not, whether the difference is perceptible, rendering
it apt to confer distinctive character on the Marks;
See case C-468/01 P.

—
in failing to assess whether the colours as applied to
Marks were already part of the usual get up(s) of the ( [1] ) OJ C 192, 8.7.2000, p. 21.
tablets on the market at the relevant date and, if not,
whether the difference is perceptible, rendering it apt to
confer distinctive character on the Marks;