Language of document :

Notice for the OJ

 

     JUDGMENT OF THE COURT OF FIRST INSTANCE

     30 April 2003

In Joined Cases T-324/01 and T-110/02: Axions SA and Christian Belce v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)(1)

    (Community trade mark ( Three-dimensional marks ( Brown cigar shape and gold ingot shape ( Absolute grounds for refusal ( Distinctive character ( Article 7(1)(b) of Regulation (EC) No 40/94)

    (Language of the case: German)

In Joined Cases T-324/01 and T-110/02, Axion SA, established in Geneva (Switzerland), Christian Belce, resident at Veyrier (Switzerland), represented by C. Eckhartt, lawyer, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: G. Schneider): Actions brought against two decisions of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 September 2001 (Case R 599/2001-3) and 16 January 2002 (Case R 538/2001-3), relating to the registration as Community trade marks of a three-dimensional shape representing a brown cigar (Case T-324/01) and a three-dimensional shape representing a gold ingot (Case T-110/02), the Court of First Instance (Fourth Chamber), composed of: V. Tiili, President, P. Mengozzi and M. Vilaras, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment on 30 April 2003, in which it:

1.    Dismisses the applications;

2.    Orders the applicants to pay the costs.

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1 - OJ C 68 of 16.3.2002 and C 131 of1.6.2002