CELEX: C2000/192/42
Language: en
Date: 2000-07-08 00:00:00
Title: Case T-121/00: Action brought on 3 May 2000 by The Procter & Gamble Company against the Office for Harmonization in the Internal Market.

C 192/22              EN                     Official Journal of the European Communities                                     8.7.2000
Pleas in law and main arguments                                         Contested        decision     Refusal of registration by the
                                                                        before the Board of           examiner
Trademark concerned:          Three dimensional trademark in            Appeal:
                              the form of tablets — Application
                              No 954453                                 Grounds for appeal:           Infringement of Article 7(1)(b) of
                                                                                                      Regulation 40/94.
Product or Service:           Products in Class 3 of the Nice
                              Agreement (in particular, washing
                              and bleaching preparations for
                              laundry use; preparations for the
                              washing of dishes, soaps)
Contested        decision     Refusal of registration by the
before the Board of           examiner                                  Action brought on 3 May 2000 by The Procter & Gamble
Appeal:                                                                 Company against the Office for Harmonization in the
                                                                                                Internal Market.
Grounds for appeal:           Infringement of Article 7(1)(b) of
                              Regulation 40/94.
                                                                                                (Case T-121/00)
                                                                                                (2000/C 192/42)
                                                                                          (Language of the case: English)
Action brought on 3 May 2000 by The Procter & Gamble
Company against the Office for Harmonization in the                     An action against the Office for Harmonization in the Internal
                        Internal Market                                 Market was brought before the Court of First Instance of the
                                                                        European Communities on 3 May 2000 by The Procter &
                        (Case T-120/00)                                 Gamble Company, represented by C.J.J.C. van Nispen and
                                                                        G. Kuipers of De Brauw Blackstone Westbroek, The Hague,
                        (2000/C 192/41)                                 Netherlands.
                                                                        The applicant claims that the Court should:
                  (Language of the case: English)
                                                                        — annul Decision R529/1999-1 of the First Board of Appeal
An action against the Office for Harmonization in the Internal              of the OHIM of 29 February 2000, in so far as it finds that
Market was brought before the Court of First Instance of the                the Mark does not satisfy the conditions as laid down in
European Communities on 3 May 2000 by The Procter &                         Article 7(1)(b) of Regulation No 40/94; and
Gamble Company, represented by C.J.J.C. van Nispen and
G. Kuipers of De Brauw Blackstone Westbroek, The Hague,                 — order the OHIM to pay the costs.
Netherlands.
The applicant claims that the Court should:                             Pleas in law and main arguments
— annul Decision R520/1999-1 of the First Board of Appeal               Trademark concerned:          Three dimensional trademark in
    of the OHIM of 29 February 2000, in so far as it finds that                                       the form of tablets Application
    the Mark does not satisfy the conditions as laid down in                                          No 960427
    Article 7(1)(b) of Regulation No 40/94; and
                                                                        Product or Service:           Products in Class 3 of the Nice
— order the OHIM to pay the costs.                                                                    Agreement (in particular, washing
                                                                                                      and bleaching preparations for
                                                                                                      laundry use; preparations for the
Pleas in law and main arguments                                                                       washing of dishes, soaps)
Trademark concerned:          Three dimensional trademark in            Contested        decision     Refusal of registration by the
                              the form of tablets — Application         before the Board of           examiner
                              No 954479                                 Appeal:
Product or Service:           Products in Class 3 of the Nice           Grounds for appeal:           Infringement of Article 7(1)(b) of
                              Agreement (in particular, washing                                       Regulation 40/94.
                              and bleaching preparations for
                              laundry use; preparations for the
                              washing of dishes, soaps)