CELEX: C2002/323/52
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court of First Instance of 9 October 2002 in Case T-360/00: Dart Industries Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — "UltraPlus" — Absolute grounds for refusal — Descriptive character, distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

21.12.2002              EN                        Official Journal of the European Communities                                            C 323/33
—      in Case T-330/00, for annulment of the decisions of                   composed of: R. M. Moura Ramos, President, J. Pirrung and
       16 March 2000 and 22 February 2000 of the authority                   A. W. H. Meij, Judges; J. Plingers, Administrator, for the
       empowered to conclude contracts not to accept the                     Registrar, has given a judgment on 9 October 2002, in which
       respective candidatures of Mr Cocchi and Mrs Hainz for                it:
       the posts declared to be vacant by vacancy notices COM/
       R/5530/00 and COM/R/5500/00 respectively or, in the
                                                                             1.     Annuls the decision of the First Board of Appeal of the Office
       alternative, annulment of those vacancy notices and for
                                                                                    for Harmonisation in the Internal Market (Trade Marks and
       compensation in respect of the harm allegedly suffered
                                                                                    Designs) of 22 September 2000 (Case R 278/2000-1);
       by the applicants;
—      in Case T-114/01, for annulment of the decisions of                   2.     Orders the defendant to pay the costs.
       appointment adopted by the authority empowered to
       conclude contracts under the recruitment procedures
                                                                             (1 ) OJ C 45 of 10.2.2001.
       initiated by vacancy notices COM/R/5530/00 and COM/
       R/5500/00 and for compensation in respect of the harn
       allegedly suffered by the applicants,
the Court of First Instance (Fifth Chamber), composed of
J.D. Cooke, President of the Chamber, R. García-Valdecasas
and P. Lindh, Judges; J. Plingers, Administrator, for the
Registrar, has given a judgment on 17 October 2002 in which                       JUDGMENT OF THE COURT OF FIRST INSTANCE
it:
                                                                                                      of 9 October 2002
1.     Dismisses the actions;
2.     Orders all the parties to bear their own costs.                       in Case T-36/01: Glaverbel v Office for Harmonisation in
                                                                             the Internal Market (Trade Marks and Designs) (OHIM) (1)
( 1) OJ C 372, 23.12.2000, and C 227, 11.8.2001.
                                                                             (Community trade mark — Regulation (EC) No 40/94 —
                                                                             Design applied to the surface of goods — Absolute ground
                                                                               for refusal — Distinctive character — Right to a hearing)
                                                                                                        (2002/C 323/53)
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                     (Language of the case: English)
                         of 9 October 2002
                                                                             In Case T-36/01, Glaverbel, established in Brussels (Belgium),
in Case T-360/00: Dart Industries Inc. v Office for Har-                     represented by S. Möbus, lawyer, v Office for Harmonisation
monisation in the Internal Market (Trade Marks and                           in the Internal Market (Trade Marks and Designs) (OHIM)
                        Designs) (OHIM) ( 1)                                 (Agents: A. di Carlo and G. Schneider): Action brought against
                                                                             the decision of the First Board of Appeal of the Office for
(Community trade mark — ‘UltraPlus’ — Absolute grounds                       Harmonisation in the Internal Market (Trade Marks and
for refusal — Descriptive character, distinctive character —                 Designs) of 30 November 2000 (Case R 137/2000-1), the
      Article 7(1)(b) and (c) of Regulation (EC) No 40/94)                   Court of First Instance (Second Chamber), composed of:
                                                                             R. M. Moura Ramos, President, J. Pirrung and A. W. H. Meij,
                                                                             Judges; J. Palacio González, Administrator, for the Registrar,
                           (2002/C 323/52)                                   has given a judgment on 9 October 2002, in which it:
                    (Language of the case: English)
                                                                             1.     Annuls the decision of the First Board of Appeal of the Office
                                                                                    for Harmonisation in the Internal Market (Trade Marks and
                                                                                    Designs) (OHIM) of 30 November 2000 (Case R 137/2000-
In Case T-360/00, Dart Industries Inc., established in Orlando,                     1);
Florida (United States of America), represented by J. Gray and
K.-U. Jonas, lawyers, v Office for Harmonisation in the Internal             2.     Orders the Office to bear its own costs and to pay those incurred
Market (Trade Marks and Designs) (OHIM) (Agent: V. Melgar):                         by the applicant.
Action brought against the decision of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
                                                                             (1 ) OJ C 118 of 21.4.2001.
(Trade Marks and Designs) of 22 September 2000 (Case R
278/2000-1) on the registration of ‘UltraPlus’ as a Community
trade mark, the Court of First Instance (Second Chamber),