Notice for the OJ
JUDGMENT OF THE COURT OF FIRST INSTANCE
5 March 2003
in Case T-273/01: Innova Privat-Akademie GmbH v Commission of the European Communities(1) (Community trade mark ( Invalidity proceedings ( 'BSS' ( Article 51 of Regulation (EC) No 40/94 ( Absolute ground for refusal ( Article 7(1)(d) of Regulation No 40/94 ( Distinctive character acquired through
use ( Articles 7(3) and 51(2) of Regulation No 40/94)
(Language of the case: German)
In Case T-237/01, Alcon Inc, formerly Alcon Universal Ltd, established in Hünenberg (Switzerland), represented by H. Porter, Solicitor and C. Morcom QC, with an address for service in Luxembourg, v Commission of the European Communities (Agents: M. de Pauw and B. Martenczuk: Action brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 13 July 2001 (Case R 273/2000-1), the Court of First Instance (Third Chamber), composed of: R.M. Moura Ramos, President, J. Pirrung and A.W.H. Meij, Judges, Registrar: J. Plingers, Administrator, has given a judgment on 19 March 2003, in which it:
1.Dismisses the application;
2.Orders the applicant to pay the costs.
____________1 - OJ C 3 of 5.1.2002