Notice for the OJ

 

Action brought on 27 December 2002 by Henkel KGaA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-393/02)

    Language of the case: German

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 27 December 2002 by Henkel KGaA, Düsseldorf (Germany), represented by C. Osterrieth, Rechtsanwalt, with an address for service in Luxembourg.

The applicant claims that the Court should:

--set aside the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 3 October 2002 in Case R 313/2001-4, concerning Community trade mark registration application No 1162395;

--order the Office to pay the costs.

Pleas in law and main arguments

Trade mark for which Community registration sought:

A three-dimensional mark in the form of a bottle standing on its head in the colours transparent and white -- Application No 1162395

Goods or services:

Goods of Classes 3 and 20 (including soaps, washing and bleaching preparations, cleaning and polishing preparations and artificial containers for liquid, gel-like and pasty preparations)

Decision challenged before the Board of Appeal:

Refusal of registration by the examiner

Decision of the Board of Appeal:

Dismissal of the complaint

Pleas in law

The mark is distinguished by a number of special features and has distinctive force.

The Board of Appeal disregarded the characteristic geometry of the mark.

The mark has acquired protection in several Member States.

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