Notice for the OJ

 

    JUDGMENT OF THE COURT OF FIRST INSTANCE

    of 9 July 2003

in Case T-234/01, Andreas Stihl AG & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ¹

(Community trade mark ( Colours ( Combination of orange and grey ( Absolute ground for refusal ( Distinctive character ( Article 7(1)(b) of Regulation (EC) No 40/94)

    (Language of the case: German)

In Case T-234/01, Andreas Stihl AG & Co. KG, established in Waiblingen (Germany), represented by S. Völker and A. Klett, lawyers, with an address for service in Luxembourg, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: G. Schneider) ( application for annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 July 2001 (Case R 477/2000-1), refusing registration of a combination of the colours orange and grey as a Community trade mark, the Court of First Instance (Fourth Chamber), composed of V. Tiili, President, P. Mengozzi and M. Vilaras, Judges; Registrar: B. Pastor, Assistant Registrar, has given a judgment on 9 July 2003 in which it:

(1)Dismisses the action.

(2)Orders the applicant to pay the costs.

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¹ - (OJ 2001 C 348.