ORDER OF THE COURT

(Fifth Chamber)

of 28 June 2004

in Case C-445/02 P: Glaverbel SA v OHIM (1)

(Appeal - Regulation (EC) No 40/94 - Community trade mark - Design applied to the surface of goods - Absolute ground for refusal - Lack of distinctive character)

(2004/C 228/33)

Language of the case: English

In Case C-445/02 P: Glaverbel SA, established in Brussels (Belgium), (Lawyer: S. Möbus) — appeal against the judgment of the Court of First Instance of the European Communities (Second Chamber) of 9 October 2002 in Case T-36/01 Glaverbel v OHIM (glass-sheet surface) [2002] ECR II-3887, seeking to have that judgment set aside in so far as the Court of First Instance held that the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) did not infringe Article 7(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) by adopting its decision of 30 November 2000 refusing to register a design applied to the surface of glass products as a Community trade mark (Case R 137/2000-1), the other party to the proceedings being: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: G. Schneider and R. Thewlis), defendant at first instance — the Court (Fifth Chamber), composed of C. Gulmann (Rapporteur), President of the Chamber, R. Silva de Lapuerta and J. Makarczyk, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, made an order on 28 June 2004, the operative part of which is as follows:

(1)  OJ C 31 of 8.2.2003.