Notice for the OJ

 

Action brought on 10 September 2002 by Dyson Limited against the Office for the Harmonisation in the Internal Market

    (Case T-278/02)

    Language of the case: English

An action against the Office for the Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 10 September 2002 by Dyson Limited, Malmesbury, Wiltshire (United Kingdom), represented by D. Barron, C. Jones and C. Loweth, Lawyers.

The applicant claims that the Court should:

- annul the decision of the First Board of Appeal of the Office of 2 July 2002 (Case R655/2001-1),

- remit the decision to the Board for further consideration in respect of the other absolute grounds of refusal raised by the examiner under Articles 7(1)(b) and 7(3) of Regulation No 40/94,

- order the Office to pay the applicant's costs.

Pleas in law and main arguments:

ADVANCE \L 144.0

Trade Mark:             "Feature of goods" consisting of "a transparent bin or collection chamber forming part of an external surface of a vacuum cleaner" - Application No 522144

                    

ADVANCE \L 144.0

Goods and services:        "Apparatus for cleaning, polishing and shampooing floors and carpets; vacuum cleaners; carpet shampooers; floor polishers; parts and fittings for all the aforesaid goods" in Class 7 of the Nice classification).

Decision challenged before

ADVANCE \L 144.0

the Board of Appeal:        Refusal by the examiner to register.

ADVANCE \L 144.0

Pleas in law:            Misinterpretation of Article 7(1)(a) of Regulation No 40/94.

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