Source: EURLEX
Language: en
Format: md

C 180/28 EN Official Journal of the European Communities 27.7.2002

**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
claimed registration
**(Case T-151/02)**
— Infringement of
Article 7(1)(b) of Regulation
(2002/C 180/48) No 40/94

— German registrations for
upright bottles
_(Language of the case: German)_

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1).

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 8 May
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.
**Action brought on 8 May 2002 by SiSi-Werke GmbH &**
**Co. Betriebs KG against the Office for Harmonisation in**
**the Internal Market (Trade Marks and Designs)**
The applicant claims that the Court should:

— **(Case T-152/02)**
annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 28 February 2002 in case R 721/
1999-2, relating to Community trade mark application (2002/C 180/49)
number 573 238, in so far as it relates to goods in
Class 32 of the Nice Agreement corresponding to the
following description: fruit drinks and fruit juices; _(Language of the case: German)_

—
order the defendant to pay the costs.

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 8 May
2002 by SiSi-Werke GmbH & Co. Betriebs KG, of Eppelheim,
_Pleas in law and main arguments_
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,
Trade mark applied for: Three-dimensional mark in the lawyers.
shape of an upright bottle —
application No 573 238

The applicant claims that the Court should:
Goods or services: After limiting the list of goods
and services: goods in Class 32 —
annul the decision of the Second Board of Appeal of the
(fruit drinks and fruit juices)
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 28 February 2002 in case R 719/
Decision contested Refusal to register by the Exam- 1999-2, relating to Community trade mark application
before the Board of iner number 573 154, in so far as it relates to goods in
Appeal: Class 32 of the Nice Agreement corresponding to the
following description: fruit drinks and fruit juices;

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

—
Appeal: order the defendant to pay the costs.

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.