CELEX: C2002/180/44
Language: en
Date: 2002-07-27 00:00:00
Title: Case T-147/02: 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 180/25
—     order the defendant to pay the costs.                             The applicant claims that the Court should:
                                                                        —     annul the decision of the Second Board of Appeal of the
Pleas in law and main arguments                                               Office for Harmonisation in the Internal Market (Trade
                                                                              Marks and Designs) of 28 February 2002 in case R 748/
Trade mark applied for:       Three-dimensional mark in the                   1999-2, relating to Community trade mark application
                              shape of an upright bottle —                    number 573 303, in so far as it relates to goods in
                              application No 573 725                          Class 32 of the Nice Agreement corresponding to the
                                                                              following description: fruit drinks and fruit juices;
Goods or services:            After limiting the list of goods
                              and services: goods in Class 32
                              (fruit drinks and fruit juices)           —     order the defendant to pay the costs.
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:                                                                 Pleas in law and main arguments
Pleas in law relied on:       —     Infringement                of
                                    Article 7(1)(c) of Regulation
                                    No 40/94 (1)                        Trade mark applied for:       Three-dimensional mark in the
                              —     No need to refuse the mark                                        shape of an upright bottle —
                                    claimed registration                                              application No 573 303
                              —     Infringement                of
                                    Article 7(1)(b) of Regulation       Goods or services:            After limiting the list of goods
                                    No 40/94                                                          and services: goods in Class 32
                                                                                                      (fruit drinks and fruit juices)
                              —     German registrations       for
                                    upright bottles
                                                                        Decision        contested     Refusal to register by the Exam-
                                                                        before the Board of           iner
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the         Appeal:
    Community trade mark (OJ 1994 L 11, p. 1).
                                                                        Decision of the Board of      Dismissal of the applicant’s appeal
                                                                        Appeal:
                                                                        Pleas in law relied on:       —     Infringement                of
Action brought on 8 May 2002 by SiSi-Werke GmbH &                                                           Article 7(1)(c) of Regulation
Co. Betriebs KG against the Office for Harmonisation in                                                     No 40/94 (1)
       the Internal Market (Trade Marks and Designs)
                                                                                                      —     No need to refuse the mark
                                                                                                            claimed registration
                         (Case T-147/02)
                                                                                                      —     Infringement                of
                         (2002/C 180/44)                                                                    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.