CELEX: C2002/068/03
Language: en
Date: 2002-03-16 00:00:00
Title: Case C-468/01 P: Appeal brought on 6 December 2001 by Procter & Gamble Company against the judgment delivered on 19 September 2001 by the Second Chamber of the Court of First Instance of the European Communities in case T-117/00 between Procter & Gamble Company and Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

16.3.2002              EN                   Official Journal of the European Communities                                        C 68/1
                                                                    I
                                                              (Information)
                                                 COURT OF JUSTICE
                                                          COURT OF JUSTICE
Assumption of duties by a new Judge of the Court of                     Fifth Chamber
                             Justice
                                                                        Mr Jann, President of the Chamber,
                         (2002/C 68/01)                                 Mr von Bahr, Mr Edward, Mr La Pergola, Mr Wathelet,
                                                                        Mr Timmermans and Mr Rosas, Judges.
Following his appointment as Judge of the Court of Justice of           2.     In addition, as regards the period from 22 January 2002
the European Communities by decision of the Governments                 to 6 October 2002, the list on the basis of which the
of the Member States of the European Communities of                     composition of the Fifth Chamber is determined, as set out in
19 December 2001 (1), Mr Allan Rosas took his oath before               the decision adopted by the Court at its meeting on 18 Septem-
the Court on 16 January 2002.                                           ber 2001 (1), has been amended as follows:
                                                                        Fifth Chamber
(1) OJ L&nbsp:20 of 23.1.2002, p. 4.
                                                                        (President: Mr Jann)
                                                                        Mr Edward, Mr La Pergola, Mr von Bahr, Mr Timmermans,
                                                                        Mr Wathelet, and Mr Rosas, Judges.
Decisions adopted by the Court at its general meeting on                (1) OJ C 303 of 27.10.2001, p. 1.
                        22 January 2002
                         (2002/C 68/02)
The Court of Justice of the European Communities adopted                Appeal brought on 6 December 2001 by Procter &
the following decisions at its meeting on 22 January 2002:              Gamble Company against the judgment delivered on
                                                                        19 September 2001 by the Second Chamber of the Court
                                                                        of First Instance of the European Communities in case
                                                                        T-117/00 (1) between Procter & Gamble Company and
Assignment of Judge Rosas                                               Office for Harmonisation in the Internal Market (Trade
                                                                                         Marks and Designs) (OHIM)
Mr Rosas is assigned to the First and Fifth Chambers.
                                                                                                (Case C-468/01 P)
Composition of the Fifth Chamber                                                                  (2002/C 68/03)
1.     The composition of the Fifth Chamber for the period
from 22 January 2002 to 6 October 2002 has been determined              An appeal against the judgment delivered on 19 September
as follows:                                                             2001 by the Second Chamber of the Court of First Instance of
 ---pagebreak--- C 68/2                 EN                     Official Journal of the European Communities                                       16.3.2002
the European Communities in case T-117/00 between Procter                —     in failing to assess whether the specific pattern (speckles
& Gamble Company and Office for Harmonisation in the                           and/or layers) of the colours was already part of the usual
Internal Market (Trade Marks and Designs) (OHIM) was                           get up(s) of the tablets on the market at the relevant date
brought before the Court of Justice of the European Communi-                   and, if not, whether the difference is perceptible, rendering
ties on 6 December 2001 by Procter & Gamble Company,                           it apt to confer distinctive character on the Marks.
established in Cincinnati, Ohio (United States of America),
represented by C.J.J.C. van Nispen and G. Kuipers, lawyers.
                                                                         (1) OJ C 192, 8.7.2000, p. 21.
The Appellant claims that the Court should:
—     annul the judgment
—     order the OHIM to pay the costs both at first instance
      and on appeal.                                                     Appeal brought on 6 December 2001 by Procter &
                                                                         Gamble Company against the judgment delivered on
                                                                         19 September 2001 by the Second Chamber of the Court
                                                                         of First Instance of the European Communities in case
                                                                         T-118/00 (1) between Procter & Gamble Company and
                                                                         Office for Harmonisation in the Internal Market (Trade
Pleas in law and main arguments                                                             Marks and Designs) (OHIM)
                                                                                                 (Case C-469/01 P)
The Appellant submits that the Court of First Instance erred in
the following respects:                                                                            (2002/C 68/04)
—     in deeming it unnecessary to decide whether the distinc-
      tive character of the Mark should be assessed by reference         An appeal against the judgment delivered on 19 September
      to the date on which the application for registration is           2001 by the Second Chamber of the Court of First Instance of
      filed or the date of actual registration;                          the European Communities in case T-118/00 between Procter
                                                                         & Gamble Company and Office for Harmonisation in the
                                                                         Internal Market (Trade Marks and Designs) (OHIM) was
—     in holding that the level of attention given by the average
                                                                         brought before the Court of Justice of the European Communi-
      consumer to the shape and colours of washing machine
                                                                         ties on 6 December 2001 by Procter & Gamble Company,
      and dishwasher tablets is not high;
                                                                         established in Cincinnati, Ohio (United States of America),
                                                                         represented by C.J.J.C. van Nispen and G. Kuipers, lawyers.
—     in deeming it appropriate to ascertain whether the Marks
      applied for will enable the members of the public targeted
      to distinguish the products from those having a different          The Appellant claims that the Court should:
      trade origin when they come to select a product for
      purchase;                                                          —     annul the judgment
—     in holding that the slightly rounded corners of the tablet         —     order the OHIM to pay the costs both at first instance
      are not likely to be perceived by the average consumer as                and on appeal.
      a distinctive feature of the shape claimed, capable of
      distinguishing it from other washing machine or
      dishwasher tablets and in failing to assess whether such
      slightly rounded corners were already part of the usual            Pleas in law and main arguments
      get up(s) of the tablets on the market at the relevant date
      and, if not, whether the difference is perceptible, rendering
      it apt to confer distinctive character on the Marks;
                                                                         See case C-468/01 P.
—     in failing to assess whether the colours as applied to
      Marks were already part of the usual get up(s) of the              (1) OJ C 192, 8.7.2000, p. 21.
      tablets on the market at the relevant date and, if not,
      whether the difference is perceptible, rendering it apt to
      confer distinctive character on the Marks;