Notice for the OJ

 

Action brought on 30 October 2003 by Frischpack GmbH & Co KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-360/03)

    (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 30 October 2003 by Frischpack GmbH & Co KG, Mailling (Germany), represented by P. Bornemann, lawyer.

The applicant claims that the Court should:

(alter the decision in Appeal R 236/2003-2, and annul it in part, namely in respect of the goods "cheese slices in large packs, not intended for the final consumer";

(order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments:

The trade mark applied for:Three-dimensional mark in the form of a cheese box - Application No 2 631 745.

Goods or services concerned:Goods in Class 29 (foodstuffs in sliced form, in particular slices of cheese).

Decision contested before            Refusal of registration by the examiner.

the Board of Appeal:

Decision of the Board of Appeal:        Appeal dismissed.

Grounds of action:(Article 7(1)(b) of Regulation (EC) No 40/94 has been infringed.

                        (It is not to be denied that the mark has the distinctiveness necessary for registration.

                        (A need to preserve availability is not apparent.

____________