CELEX: C2003/044/52
Language: en
Date: 2003-02-22 00:00:00
Title: Judgment of the Court of First Instance of 5 December 2002 in Case T-130/01: Sykes Enterprises, Incorp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — REAL PEOPLE, REAL SOLUTIONS — Absolute ground for refusal — Distinctive character — Article (7)(1)(b) of Regulation No 40/94)

22.2.2003               EN                         Official Journal of the European Union                                        C 44/27
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               v Office for Harmonisation in the Internal Market (Trade Marks
                                                                           and Designs) (OHIM) (Agents: S. Bonne and G. Schneider):
                      of 12 December 2002                                  Action brought against the decision of the Second Board of
                                                                           Appeal of the Office for Harmonisation in the Internal Market
                                                                           (Trade Marks and Designs) of 20 February 2001 (Case R 538/
in Case T-63/01: The Procter & Gamble Company v Office
                                                                           1999-2) concerning the registration of a figurative mark
for Harmonisation in the Internal Market (Trade Marks
                                                                           containing the abbreviation BioID, the Court of First Instance
                     and Designs) (OHIM) ( 1)
                                                                           (Second Chamber), composed of: R. M. Moura Ramos, Presi-
                                                                           dent, J. Pirrung and A. W. H. Meij, Judges; J. Plingers,
(Community trade mark — Soap bar shape — Compliance                        Administrator, for the Registrar, has given a judgment on
with a judgment of the Court of First Instance — Rights of                 5 December 2002, in which it:
defence — Absolute ground for refusal — Article 7(1)(b) of
                    Regulation (EC) No 40/94)
                                                                           1.     Dismisses the action;
                           (2003/C 44/50)                                  2.     Orders the applicant to pay the costs.
                    (Language of the case: French)
                                                                           (1 ) OJ C 227 of 11.8.2001.
In Case T-63/01, The Procter & Gamble Company, established
in Cincinnatti, Ohio (United States of America), represented
by T. van Innis, lawyer, with an address for service in
Luxembourg, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: O. Montalto and                       JUDGMENT OF THE COURT OF FIRST INSTANCE
E. Joly): Action brought against the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal                                         of 5 December 2002
Market (Trade Marks and Designs) of 14 December 2000
(Case R 74/1998-3), which was notified to the applicant on
11 January 2001, the Court of First Instance (Fourth Chamber),             in Case T-130/01: Sykes Enterprises, Incorp. v Office for
composed of: M. Vilaras, President, V. Tiili and P. Mengozzi,              Harmonisation in the Internal Market (Trade Marks and
Judges; D. Christensen, Administrator, for the Registrar, has                                      Designs) (OHIM) ( 1)
given a judgment on 12 December 2002, in which it:
                                                                           (Community trade mark — REAL PEOPLE, REAL SOL-
1.     Dismisses the action;                                               UTIONS — Absolute ground for refusal — Distinctive
                                                                                character — Article (7)(1)(b) of Regulation No 40/94)
2.     Orders the applicant to pay the costs.
                                                                                                      (2003/C 44/52)
( 1) OJ C 134 of 5.5.2001.
                                                                                               (Language of the case: English)
                                                                           In Case T-130/01, Sykes Enterprises, Incorp., established in
                                                                           Tampa, Florida (United States), represented by E. Körner,
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               lawyer, v Office for Harmonisation in the Internal Market
                                                                           (Trade Marks and Designs) (OHIM) (Agent: J. Crespo Carrillo):
                                                                           Action brought against the decision of the Third Board of
                       of 5 December 2002
                                                                           Appeal of the Office for Harmonisation in the Internal Market
                                                                           (Trade Marks and Designs) of 7 March 2001 (Case R 504/
in Case T-91/01: BioID AG v Office for Harmonisation in                    2000-3), relating to registration of REAL PEOPLE, REAL
the Internal Market (Trade Marks and Designs) (OHIM) (1)                   SOLUTIONS, the Court of First Instance (Second Chamber),
                                                                           composed of: R. M. Moura Ramos, President, J. Pirrung and
(Community trade mark — Figurative mark containing the                     A. W. H. Meij, Judges; D. Christensen, Administrator, for the
abbreviation BioID — Absolute grounds for refusal —                        Registrar, has given a judgment on 5 December 2002, in
          Article 7(1)(b) of Regulation (EC) No 40/94)                     which it:
                           (2003/C 44/51)                                  1.     Dismisses the application;
                   (Language of the case: German)                          2.     Orders the applicant to pay the costs.
                                                                           (1 ) OJ C 245 of 1.9.2001.
In Case T-91/01, BioID AG, established in Berlin (Germany),
in judicial liquidation, represented by A. Nordemann, lawyer,