CELEX: C2004/168/11
Language: en
Date: 2004-06-26 00:00:00
Title: Case T-129/04: Action brought on 1 April 2004 by Develey Holding GmbH & Co. Beteiligungs KG against the Office for Harmonisation in the Internal Market

26.6.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 168/6
            
         Action brought on 1 April 2004 by Develey Holding GmbH & Co. Beteiligungs KG against the Office for Harmonisation in the Internal Market
   (Case T-129/04)
   (2004/C 168/11)
   Language of the case: German
   An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 1 April 2004 by Develey Holding GmbH & Co. Beteiligungs KG, Unterhaching (Germany), represented by H.P. Kunz-Hallstein and R. Kunz-Hallstein, lawyers.
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 January 2004;
            
         
               —
            
            
               order the defendant Office to pay the costs.
            
         Pleas in law and main arguments:
   
               Community trade mark sought:
            
            
               A three dimensional mark in the shape of a plastic bottle – Application No 2579381.
            
         
               Goods or services:
            
            
               Goods in Classes 29, 30 and 32 (inter alia, tomato pulp, milk and milk products, mayonnaises, ketchup, fruit drinks).
            
         
               Decision contested before the Board of Appeal:
            
            
               Refusal by the examiner to register the mark.
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal.
            
         
               Pleas in law:
            
            
               Infringement of Articles 74(1) and 45 of Regulation (EC) No 40/94 (1), infringement of Article 73 of Regulation (EC) No 40/94, insofar as the defendant Office stated that it is not bound by earlier registrations in Member States, and infringement of Article 7(1) of Regulation (EC) No 40/94.
            
         
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).