Notice for the OJ
JUDGMENT OF THE COURT OF FIRST INSTANCE
9 October 2002
in Case T-173/00: KWS Saat AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)(1) (Community trade mark ( Regulation (EC) No 40/94 ( Colour (shade of orange) ( Absolute ground for refusal ( Distinctive character ( Statement of reasons)
(Language of the case: German)
In Case T-173/00, KWS Saat AG, established in Einbeck (Germany), represented by G. Würtenberger, lawyer, with an address for service in Luxembourg, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl, E. Joly, J. Miranda de Sousa and A. Di Carlo): Action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 April 2000 (Case R 282/1999-2), the Court of First Instance (Second Chamber), composed of: R.M. Moura Ramos, President, J. Pirrung and A.W.H. Meij, Judges; B. Pastor, Principal Administrator, for the Registrar, has given a judgment on 9 October 2002, in which it:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 April 2000 (Case R 282/1999-2) in regard to services in Class 42;
2.Dismisses the remainder of the action;
3.Orders the applicant to bear its own costs and two thirds of the costs incurred by the defendant. The defendant shall bear one third of its costs.
____________1 - OJ C 259 of 9.9.2000