CELEX: C2002/180/47
Language: en
Date: 2002-07-27 00:00:00
Title: Case T-150/02: Action brought on 8 May 2002 by SiSi-Werke GmbH & Co. Betriebs KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

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.