CELEX: C2002/003/50
Language: en
Date: 2002-01-05 00:00:00
Title: Judgment of the Court of First Instance of 19 September 2001 in Case T-129/00: Procter & Gamble Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Shape of a product for washing machines or dishwashers — Three-dimensional mark — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94)

5.1.2002                 EN                        Official Journal of the European Communities                                             C 3/29
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 19 September 2001                                                          of 19 September 2001
in Case T-128/00: Procter & Gamble Company v Office                           in Case T-129/00: Procter & Gamble Company v Office
for Harmonisation in the Internal Market (Trade Marks                         for Harmonisation in the Internal Market (Trade Marks
                      and Designs) (OHIM) (1)                                                       and Designs) (OHIM) (1)
(Community trade mark — Shape of a product for washing                        (Community trade mark — Shape of a product for washing
machines or dishwashers — Three-dimensional mark —                            machines or dishwashers — Three-dimensional mark —
Absolute ground for refusal — Article 7(1)(b) of Regulation                   Absolute ground for refusal — Article 7(1)(b) of Regulation
                            (EC) No 40/94)                                                                (EC) No 40/94)
                             (2002/C 3/49)                                                                 (2002/C 3/50)
                    (Language of the case: English)                                               (Language of the case: English)
In Case T-128/00: Procter & Gamble Company, established in                    In Case T-129/00: Procter & Gamble Company, established in
Cincinnati, Ohio (United States of America), represented by                   Cincinnati, Ohio (United States of America), represented by
C.J.J.C. van Nispen and G. Kuipers, lawyers, with an address                  C.J.J.C. van Nispen and G. Kuipers, lawyers, with an address
for service in Luxembourg, against Office for Harmonisation                   for service in Luxembourg against Office for Harmonisation in
in the Internal Market (Trade Marks and Designs) (OHIM)                       the Internal Market (Trade Marks and Designs) (OHIM) (Agents:
(Agents: A. von Mühlendahl, D. Schennen and C. Røhl Søberg)                   A. von Mühlendahl, D. Schennen and C. Røhl Søberg) —
— application brought against the decision of the First Board                 application brought against the decision of the First Board of
of Appeal of the Office for Harmonisation in the Internal                     Appeal of the Office for Harmonisation in the Internal Market
Market (Trade Marks and Designs) of 8 March 2000 (Case                        (Trade Marks and Designs) of 8 March 2000 (Case
R-506/1999-1), which was notified to the applicant on                         R-508/1999-1), which was notified to the applicant on
13 March 2000 — the Court of First Instance (Second                           13 March 2000 — the Court of First Instance (Second
Chamber), composed of A.W.H. Meij, President, A. Potocki                      Chamber), composed of A.W.H. Meij, President, A. Potocki
and J. Pirrung, Judges; D. Christensen, Administrator, for the                and J. Pirrung, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 19 September 2001, in                      Registrar, has given a judgment on 19 September 2001, in
which it:                                                                     which it:
1.    Annuls the decision of the First Board of Appeal of the Office          1.    Annuls the decision of the First Board of Appeal of the Office
      for Harmonisation in the Internal Market (Trade Marks and                     for Harmonisation in the Internal Market (Trade Marks and
      Designs) of 8 March 2000 (Case R-506/1999-1) in so far                        Designs) of 8 March 2000 (Case R-508/1999-1) in so far
      as it concerns products falling within Class 3 of the Nice                    as it concerns products falling within Class 3 of the Nice
      Agreement corresponding to the description ‘perfumery, essential              Agreement corresponding to the description ‘perfumery, essential
      oils, cosmetics, hair lotions; dentifrices’;                                  oils, cosmetics, hair lotions; dentifrices’;
2.    Dismisses the remainder of the action;                                  2.    Dismisses the remainder of the action;
3.    Orders the parties to bear their own costs.                             3.    Orders the parties to bear their own costs.
(1) OJ C 192 of 8.7.2000.                                                     (1) OJ C 192 of 8.7.2000.