Notice for the OJ
Action brought on 8 May 2002 by SiSi-Werke GmbH & Co. Betriebs KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-153/02)
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 8 May 2002 by SiSi-Werke GmbH & Co. Betriebs KG, of Eppelheim, Germany, represented by H. Eichmann, G. Barth, U. Blumenröder, C. Niklas-Falter, M. Kinkeldey, K.Brandt, A. Franke, U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle, lawyers.
The applicant claims that the Court should:
-annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 February 2002 in case R 747/1999-2, relating to Community trade mark application number 573 360, in so far as it relates to goods in Class 32 of the Nice Agreement corresponding to the following description: fruit drinks and fruit juices;
-order the defendant to pay the costs.
Pleas in law and main arguments
Trade mark applied for:Three-dimensional mark in the shape of an upright bottle - application no. 573 360
Goods or services:After limiting the list of goods and services: goods in Class 32 (fruit drinks and fruit juices)
Decision contested
before the Board of Appeal:Refusal to register by the Examiner
Decision of the
Board of Appeal: Dismissal of the applicant's appeal
Pleas in law relied on:-Infringement of Article 7(1)(c) of Regulation No 40/94
1 - No need to refuse the mark claimed registration
-Infringement of Article 7(1)(b) of Regulation No 40/94
- German registrations for upright bottles
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L11, p.1)