CELEX: C2002/180/46
Language: en
Date: 2002-07-27 00:00:00
Title: Case T-149/02: Action brought on 8 May 2002 by Deutsche SiSi-Werke GmbH & Co. Betriebs KG against Office for the Harmonisation of the Internal Market (trade marks and designs)

C 180/26              EN                     Official Journal of the European Communities                                      27.7.2002
Action brought on 8 May 2002 by SiSi-Werke GmbH &                       Pleas in law relied on:        —    Infringement                of
Co. Betriebs KG against the Office for Harmonisation in                                                     Article 7(1)(c) of Regulation
       the Internal Market (Trade Marks and Designs)                                                        No 40/94 (1)
                                                                                                       —    No need to refuse the mark
                                                                                                            claimed registration
                        (Case T-148/02)
                                                                                                       —    Infringement                of
                                                                                                            Article 7(1)(b) of Regulation
                        (2002/C 180/45)                                                                     No 40/94
                                                                                                       —    German registrations       for
                                                                                                            upright bottles
                  (Language of the case: German)
                                                                        (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                                                                            Community trade mark (OJ 1994 L 11, p. 1).
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 8 May
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.
                                                                        Action brought on 8 May 2002 by Deutsche SiSi-Werke
                                                                        GmbH & Co. Betriebs KG against Office for the Harmonis-
                                                                           ation of the Internal Market (trade marks and designs)
The applicant claims that the Court should:
—     annul the decision of the Second Board of Appeal of the                                    (Case T-149/02)
      Office for Harmonisation in the Internal Market (Trade
      Marks and Designs) of 28 February 2002 in case R 722/
      1999-2, relating to Community trade mark application                                       (2002/C 180/46)
      number 573 428, in so far as it relates to goods in
      Class 32 of the Nice Agreement corresponding to the
      following description: fruit drinks and fruit juices;                               (Language of the case: German)
—     order the defendant to pay the costs.
                                                                        An action against Office for Harmonisation in the Internal
                                                                        Market (trade marks and designs) was brought before the
                                                                        Court of First Instance of the European Communities on 8 May
                                                                        2002 by Deutsche SiSi-Werke Gmb H & Co. Betriebs KG,
Pleas in law and main arguments                                         Eppelheim (Germany), represented by H. Eichmann, G. Barth,
                                                                        U. Blumenröder, C. Niklas-Falter, M. Kinkeldey, K. Brandt,
                                                                        A. Franke, U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and
Trade mark applied for:       Three-dimensional mark in the             B. Ertle.
                              shape of an upright bottle —
                              application No 573 428
                                                                        The applicant claims that the Court should:
Goods or services:            After limiting the list of goods
                              and services: goods in Class 32
                              (fruit drinks and fruit juices)           —     Annul the decision of the Second Board of Appeal of the
                                                                              Office for Harmonisation in the Internal Market (trade
                                                                              marks and designs) of 28.2.2002 in Case R 720/1999-2
Decision        contested     Refusal to register by the Exam-                concerning the application for Community Trade Mark
before the Board of           iner                                            No 573 048 in so far as it concerns goods falling within
Appeal:                                                                       class 32 of the Nice Agreement with the following
                                                                              description: fruit drinks and fruit juices:
Decision of the Board of      Dismissal of the applicant’s appeal
Appeal:                                                                 —     Order the defendant to pay the costs of the proceedings.
 ---pagebreak--- 27.7.2002             EN                      Official Journal of the European Communities                                        C 180/27
Pleas in law and main arguments                                          The applicant claims that the Court should:
The Community trade           A three-dimensional mark in the
mark concerned:               form of a flat-bottomed pouch —            —     annul the decision of the Second Board of Appeal of the
                              Application No 573 048                           Office for Harmonisation in the Internal Market (Trade
                                                                               Marks and Designs) of 28 February 2002 in case R 723/
Goods or services:            After restriction of the goods and               1999-2, relating to Community trade mark application
                              services categories: Goods in class              number 573 626, in so far as it relates to goods in
                              32 (Fruit drinks and Fruit juices)               Class 32 of the Nice Agreement corresponding to the
                                                                               following description: fruit drinks and fruit juices;
Decision        contested     Examiner’s refusal to register
before the Board of
Appeal:                                                                  —     order the defendant to pay the costs.
Decision of the Board of      Rejection of the applicant’s com-
Appeal:                       plaint
Grounds of claim:             —     Infringement                 of
                                    Article 7(1)(c) of Regulation
                                                                         Pleas in law and main arguments
                                    (EC) No 40/94 (1);
                              —     No need to exclude the trade
                                    mark from registration as a
                                    mark;                                Trade mark applied for:       Three-dimensional mark in the
                                                                                                       shape of an upright bottle —
                              —     Infringement                 of                                    application No 573 626
                                    Article 7(1)(b) of Regulation
                                    (EC) No 40/94;
                                                                         Goods or services:            After limiting the list of goods
                              —     German registered marks for                                        and services: goods in Class 32
                                    flat-bottomed pouches.                                             (fruit drinks and fruit juices)
(1) Council Regulation (EC) No 40/94 of 20.12.1993 on the Com-           Decision        contested     Refusal to register by the Exam-
    munity trade mark (OJ 1993 L 11, p. 1).                              before the Board of           iner
                                                                         Appeal:
                                                                         Decision of the Board of      Dismissal of the applicant’s appeal
                                                                         Appeal:
Action brought on 8 May 2002 by SiSi-Werke GmbH &                        Pleas in law relied on:       —     Infringement                of
Co. Betriebs KG against the Office for Harmonisation in                                                      Article 7(1)(c) of Regulation
       the Internal Market (Trade Marks and Designs)                                                         No 40/94 (1)
                                                                                                       —     No need to refuse the mark
                        (Case T-150/02)                                                                      claimed registration
                                                                                                       —     Infringement                of
                        (2002/C 180/47)                                                                      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.