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Document 62002TJ0146
Judgment of the Court of First Instance (Second Chamber) of 28 January 2004. # Deutsche SiSi-Werke GmbH & Co. Betriebs KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs). # Community trade mark - Three-dimensional mark - Form of drinks packaging - Stand-up pouch - Absolute grounds for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Need to preserve a sign's availability. # Joined cases T-146/02 to T-153/02.
Judgment of the Court of First Instance (Second Chamber) of 28 January 2004.
Deutsche SiSi-Werke GmbH & Co. Betriebs KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Community trade mark - Three-dimensional mark - Form of drinks packaging - Stand-up pouch - Absolute grounds for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Need to preserve a sign's availability.
Joined cases T-146/02 to T-153/02.
Judgment of the Court of First Instance (Second Chamber) of 28 January 2004.
Deutsche SiSi-Werke GmbH & Co. Betriebs KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Community trade mark - Three-dimensional mark - Form of drinks packaging - Stand-up pouch - Absolute grounds for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Need to preserve a sign's availability.
Joined cases T-146/02 to T-153/02.
European Court Reports 2004 II-00447
ECLI identifier: ECLI:EU:T:2004:27
«(Community trade mark – Three-dimensional mark – Form of drinks packaging – Stand-up pouch – Absolute grounds for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 – Need to preserve a sign's availability)»
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(Council Regulation No 40/94, Art. 7(1)(b) to (e))
(Council Regulation No 40/94, Art. 7(1)(b))
(Council Regulation No 40/94, Art. 7(1)(b))
(Council Regulation No 40/94, Art. 7(1)(b))
JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber)
28 January 2004 (1)
((Community trade mark – Three-dimensional mark – Form of drinks packaging – Stand-up pouch – Absolute grounds for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 – Need to preserve a sign's availability))
In Joined Cases T-146/02 to T-153/02, Deutsche SiSi-Werke GmbH & Co. Betriebs KG, established in Eppelheim (Germany), represented by A. Franke, lawyer,applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs), represented by G. Schneider, acting as Agent,defendant,
ACTIONS brought against the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 February 2002 (Cases R 719/1999-2 to R 724/1999-2, R 747/1999-2 and R 748/1999-2) concerning the registration of three-dimensional trade marks (stand-up pouches),THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber),
having regard to the applications lodged at the Registry of the Court of First Instance on 8 May 2002,having regard to the order of 9 July 2002 by which Cases T-146/02 to T-153/02 were joined,having regard to the response lodged at the Court Registry on 20 September 2002,further to the hearing on 23 September 2003,
gives the following
On those grounds,
THE COURT OF FIRST INSTANCE (Second Chamber)
hereby:
Forwood |
Pirrung |
Meij |
H. Jung |
J. Pirrung |
Registrar |
President |