CELEX: C2003/055/86
Language: en
Date: 2003-03-08 00:00:00
Title: Case T-393/02: Action brought on 27 December 2002 by Henkel KGaA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

C 55/34                  EN                           Official Journal of the European Union                                         8.3.2003
Finally, the applicant alleges breach of the fundamental                      Pleas in law and main arguments
principles of legal certainty, sound administration and good
faith. The applicant makes the point that it has, on numerous
occasions, approached the Commission without ever obtaining                   Trade mark for which         A three-dimensional mark in the
any indication which would have enabled it to provide results                 Community registration       form of a bottle standing on its
likely to be acceptable in the eyes of the Commission and the                 sought:                      head in the colours transparent
Council.                                                                                                   and white — Application
                                                                                                           No 1162395
( 1) Council Regulation (EC) No 1756/2002 of 23 September 2002                Goods or services:           Goods of Classes 3 and 20 (includ-
     amending Directive 70/524/EEC concerning additives in feeding-                                        ing soaps, washing and bleaching
     stuffs as regards withdrawal of the authorisation of an additive                                      preparations, cleaning and pol-
     and amending Commission Regulation (EC) No 2430/1999 (Text                                            ishing preparations and artificial
     with EEA relevance) (OJ 2002 L 265, p. 1).                                                            containers for liquid, gel-like and
( 2) Council Directive 70/524/EEC of 23 November 1970 concerning
                                                                                                           pasty preparations)
     additives in feeding-stuffs (OJ, English Special Edition 1970 (III),
     p. 840).
( 3) Commission Regulation (EC) No 2430/1999 of 16 November                   Decision       challenged    Refusal of registration by the
     1999 linking the authorisation of certain additives belonging to         before the Board of          examiner
     the group of coccidiostats and other medicinal substances in             Appeal:
     feedingstuffs to persons responsible for putting them into circu-
     lation (Text with EEA relevance) OJ 1999 L 296, p. 3.
                                                                              Decision of the Board of     Dismissal of the complaint
                                                                              Appeal:
                                                                              Pleas in law:                —     The mark is distinguished by
                                                                                                                 a number of special features
                                                                                                                 and has distinctive force.
                                                                                                           —     The Board of Appeal disre-
                                                                                                                 garded the characteristic
Action brought on 27 December 2002 by Henkel KGaA                                                                geometry of the mark.
against the Office for Harmonisation in the Internal
                Market (Trade Marks and Designs)                                                           —     The mark has acquired pro-
                                                                                                                 tection in several Member
                                                                                                                 States.
                           (Case T-393/02)
                            (2003/C 55/86)
                     (Language of the case: German)
                                                                              Action brought on 27 December 2002 by Arnaldo Lucac-
                                                                               cioni against Commission of the European Communities
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                                                (Case T-394/02)
27 December 2002 by Henkel KGaA, Düsseldorf (Germany),
represented by C. Osterrieth, Rechtsanwalt, with an address
                                                                                                       (2003/C 55/87)
for service in Luxembourg.
                                                                                                (Language of the case: French)
The applicant claims that the Court should:
—       set aside the decision of the Fourth Board of Appeal of
        the Office for Harmonisation in the Internal Market of
                                                                              An action against the Commission of the European Communi-
        3 October 2002 in Case R 313/2001-4, concerning
                                                                              ties was brought before the Court of First Instance of the
        Community trade mark registration application
                                                                              European Communities on 27 December 2002 by Arnaldo
        No 1162395;
                                                                              Lucaccioni, residing in St-Leonards-on-Sea (United Kingdom),
                                                                              represented by Juan Ramón Iturriagagoitia and Karine Delvol-
—       order the Office to pay the costs.                                    vé, lawyers.