Notice for the OJ

 

Action brought on 11 December 2001 by Axions S.A. and Christian Belce against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-324/01)

    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 11 December 2001 by Axions S.A., of Geneva (Switzerland), and Christian Belce, of Veyrier (Switzerland), represented by C. Eckhartt, lawyer.

The applicant claims that the Court should:

(annul the decision adopted on 26 September 2001 by the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case No R 599/2001-3;

(order the defendant Office to pay the costs.

Pleas in law and main arguments:

The trade mark concerned:a three-dimensional mark representing a cigar, brown in colour

Goods or services:goods in Class 30 (chocolate, chocolate goods, bakery wares and confectionery)

Decision contested before the

Board of Appeal:refusal of registration by the examiner

Decision of the Board of Appeal:rejection of the appeal

Grounds of claim:(no obstacles to registration under Article 7(1)(e) of Regulation (EC) No 40/94¹;

(sufficient distinctiveness under Article 7(1)(b) of Regulation (EC) No 40/94.

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¹ - Council Regulation (EC) No 40/94 of 20.12.1003 on the Community trade mark (OJ 1994 L 11, p. 1).