Notice for the OJ

 

Action brought on 3 October 2002 by Nestlé Waters France against Office for Harmonization in the Internal Market (trade marks and designs) (OHIM)

    (Case T-305/02)

    (Language of the case: French)

An action against Office for Harmonization in the Internal Market (trade marks and designs) (OHIM) was brought before the Court of First Instance of the European Communities on 3 October 2002 by Nestlé Waters France, whose registered office is in Issy-les-Moulineaux (France), represented by Alain Cléry.

The applicant claims that the Court should:

(annul Decision R 719/2000-4 of the Fourth Board of Appeal of the OHIM of 12 July 2002;

(order OHIM to pay the costs.

Pleas in law and main arguments

The Community trade mark concerned:The bottle comprises a main section with, at its base, a recess, in the shape of a slightly truncated cone with, in its flat section, a stylised star in relief In the lower part of the main section, which is nearly cylindrical from bottom to top, there is an initial series of wavy grooves and, in the top part, which is of slightly smaller diameter and bobbin-shaped, there are spiralling grooves which form lozenges when seen through the bottle The upper section, which is the shape of a slightly truncated cone, ends in a cylindrical neck with a blue cap ( Registration No 922179Goods or service:Water (Class 32 of the international classification).Decision of the Board of Appeal:Refusal of examiner to register the mark.Grounds of claim:Infringement of Article 7(1)(b) and (e) of Regulation EEC No 40/94.

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