CELEX: C2000/122/47
Language: en
Date: 2000-04-29 00:00:00
Title: Judgment of the Court of First Instance of 16 February 2000 in Case T-122/99: The Procter & Gamble Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Community trade mark — Soap bar shape — Formal irregularity in an application for registration — Absolute grounds for refusal to register — Review by the Board of Appeal of it own motion — Observance of the rights of the defence — Sign consisting exclusively of a shape which results from the nature of the goods themselves — Earlier registration of the mark in some Member States)

29.4.2000                EN                     Official Journal of the European Communities                                        C 122/33
with an address for service in Luxembourg at the offices of                O. Montaldo, E. Joly and S. Laitinen) — application for annul-
Fiduciaire Myson SARL, 30 Rue de Cessange, v Commission                    ment of the decision of the Third Board of Appeal of the Office
of the European Communities (Agents: C. Berardis-Kayser and                for Harmonisation in the Internal Market (Trade Marks and
D. Waelbroeck) — application for annulment of the list of                  Designs) of 15 March 1999 (Case R 74/1998-3) relating to
officials promoted to grade A 5 and of the list of officials               Community trade mark application No 230680 concerning a
considered to be the most deserving of promotion to that                   representation of soap — the Court of First Instance (Second
grade in the context of the 1998 promotions procedure, in                  Chamber), composed of: J. Pirrung, President, A. Potocki and
that those lists do not include the name of the applicant, and             A.W.H. Meij, Judges; J. Palacio González, Administrator, for
for annulment of the implicit decision rejecting the applicant’s           the Registrar, has given a judgment on 16 February 2000, in
complaint, together with damages — the Court of First                      which it:
Instance (Third Chamber), composed of: K. Lenaerts, President,
and J. Azizi and M. Jaeger, Judges; G. Herzig, Administrator,              1. Annuls the decision of the Third Board of Appeal of the Office
for the Registrar, has given a judgment on 9 February 2000, in                  for Harmonisation in the Internal Market (Trade Marks and
which it:                                                                       Designs) of 15 March 1999 (Case R 74/1998-3);
1. Annuls the Commission’s decision, confirmed by the implicit             2. Orders the Office to bear its own costs and to pay those of the
     decision rejecting the complaint, not to include the applicant’s           applicant.
     name in the list of officials promoted to grade A 5 in the
     context of the 1998 promotions procedure, as published in the
     Administrative Notices of 6 April 1998;                               (1) OJ C 226 of 7.8.1999.
2. Dismisses the remainder of the application;
3. Orders the Commission to pay the costs.
(1) OJ C 121 of 1.5.1999.
                                                                                  ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                    of 9 February 2000
                                                                           in Case T-111/97: Gregorio Valero Jordana and Serge
                                                                              Vadé v Commission of the European Communities (1)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                           (Officials — Request for reclassification in grade — Objec-
                                                                           tion of inadmissibility — Material new fact — Admissibility)
                        of 16 February 2000
                                                                                                      (2000/C 122/48)
in Case T-122/99: The Procter & Gamble Company v
Office for Harmonisation in the Internal Market (Trade
                       Marks and Designs) (1)                                                  (Language of the case: Spanish)
(Community trade mark — Soap bar shape — Formal                            In Case T-111/97: Gregorio Valero Jordana and Serge Vadé,
irregularity in an application for registration — Absolute                 officials of the Commission of the European Communities,
grounds for refusal to register — Review by the Board of                   represented by Carlos Amo Quiñones, of the Madrid Bar, with
Appeal of it own motion — Observance of the rights of the                  an address for service in Luxembourg at the Chambers of
defence — Sign consisting exclusively of a shape which                     Emilio de la Guardia, 46 Rue Tony Neumann, v Commission
results from the nature of the goods themselves — Earlier                  of the European Communities (Agent: Julian Currall) —
       registration of the mark in some Member States)                     application for annulment of the Commission’s decisions of
                                                                           27 December 1996 rejecting the applicants’ complaints dated
                          (2000/C 122/47)                                  13 and 17 September 1996 by which they sought a review of
                                                                           their initial classification with a view to obtaining classification
                                                                           in grade A 6 with effect from the date of their recruitment,
                                                                           and of the Commission’s decisions of 1 March 1990 and
                     (Language of the case: French)                        2 June 1992 inasmuch as those decisions fix the applicants’
                                                                           classification in grade A 7 — the Court of First Instance
In Case T-122/99: The Procter & Gamble Company, a company                  (First Chamber), composed of: B. Vesterdorf, President, and
established in Cincinnatti, Ohio, United States of America,                M. Vilaras and N. Forwood, Judges; H. Jung, Registrar, made
represented by T. van Innis, of the Brussels Bar, with an address          an order on 9 February 2000, the operative part of which is as
for service in Luxembourg at the Chambers of K. Manhaeve,                  follows:
56-58 Rue Charles Martel, against Office for Harmonisation
in the Internal Market (Trade Marks and Designs (Agents:                   1. The application is dismissed as inadmissible;