«(Appeal – Community trade mark – Regulation (EC) No 40/94 – Absolute ground for refusal to register – Distinctive character – Marks consisting exclusively of descriptive signs or indications – DOUBLEMINT)»
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(Council Regulation No 40/94, Art. 7(1)(c))
JUDGMENT OF THE COURT
23 October 2003 (1)
((Appeal – Community trade mark – Regulation (EC) No 40/94 – Absolute ground for refusal to register – Distinctive character – Marks consisting exclusively of descriptive signs or indications – DOUBLEMINT))
In Case C-191/01 P, Office for Harmonisation in the Internal Market (Trade Marks and Designs), represented by V. Melgar and S. Laitinen, acting as Agents, with an address for service in Luxembourg,appellant,
supported by Federal Republic of Germany, represented by A. Dittrich and B. Muttelsee-Schön, acting as Agents, with an address for service in Luxembourg,and by United Kingdom of Great Britain and Northern Ireland, represented by J.E. Collins, acting as Agent, assisted by D. Alexander, Barrister, with an address for service in Luxembourg,interveners in the appeal,
APPEAL against the judgment of the Court of First Instance of the European Communities (Second Chamber) of 31 January 2001 in Case T-193/99 Wrigley v OHIM ( DOUBLEMINT ) [2001] ECR II-417, seeking to have that judgment set aside, in which the Court of First Instance annulled the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 June 1999 (Case R 216/1998-1) dismissing the appeal brought by Wm. Wrigley Jr. Company against the refusal to register the word DOUBLEMINT as a Community trade mark, the other party to the proceedings being: Wm. Wrigley Jr. Company, established in Chicago, Illinois (United States of America), represented by M. Kinkeldey, Rechtsanwalt, with an address for service in Luxembourg,applicant at first instance,THE COURT,,
having regard to the Report for the Hearing,
after hearing oral argument from the parties at the hearing on 21 January 2003, at which the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was represented by A. von Mühlendahl, acting as Agent, and V. Melgar, and Wm. Wrigley Jr. Company by M. Kinkeldey,after hearing the Opinion of the Advocate General at the sitting on 10 April 2003,
gives the following
On those grounds,
THE COURT,
hereby:
Skouris |
Jann |
Timmermans |
Gulmann |
Cunha Rodrigues |
Rosas |
Edward |
La Pergola |
Puissochet |
Schintgen |
Macken |
Colneric |
von Bahr |
R. Grass |
V. Skouris |
Registrar |
President |