Notice for the OJ

 

Action brought on 31 December 2002 by Eurocermex S.A. against the Office for Harmonisation in the Internal Market

    (Case T-399/02)

    Language of the case: French

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 31 December 2002 by Eurocermex S.A., established in Evere, Belgium, represented by André Bertrand, lawyer.

The applicant claims that the Court should:

(annul the decision by which the examiner found that the three-dimensional trade mark at issue was not such as to constitute a valid trade mark for "beers, mineral and aerated waters and fruit juices", "restaurants, bars and snack bars";

(send the case back to the examiner for prosecution;

(order the Office to pay the costs.

Pleas in law and main arguments:

The trade mark in question:three-dimensional mark representing a "long neck" bottle on the neck of which a piece of lemon has been plugged, claiming the colours yellow and green.

Goods or services concerned:goods in Classes 16, 25, 32 and 42.

Decision contested before            grant of registration as regards Classes 16 and the Board of Appeal:            25 and refusal as regards Classes 32 and 42.

Grounds pleaded:Infringement of Article 7(1)(b) and (3) of Regulation (EC) No 40/94.

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