CELEX: C2002/180/50
Language: en
Date: 2002-07-27 00:00:00
Title: Case T-153/02: 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)

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
                              shape of an upright bottle —              —     annul the decision of the Second Board of Appeal of the
                              application No 573 154                          Office for Harmonisation in the Internal Market (Trade
                                                                              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 Exam-
before 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 —
                                    Article 7(1)(b) of Regulation                                     application No 573 360
                                    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 Exam-
                                                                        before 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. Blumen-
röder, C. Niklas-Falter, M. Kinkeldey, K. Brandt, A. Franke,
U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle,
lawyers.