T-121/00
ECLI:EU:T:2001:229
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PROCTER & GAMBLE v OHIM (SQUARE TABLET, WHITE WITH GREEN AND BLUE SPECKLES)
JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber) 19 September 2001 *
In Case T-121/00,
Procter & Gamble Company, established in Cincinnati, Ohio (United States of America), represented by C. van Nispen and G. Kuipers, lawyers, with an address for service in Luxembourg,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. von Mühlendahl, D. Schennen and C. Røhl Søberg acting as Agents,
defendant,
* Language of the case: English.
II - 2781
JUDGMENT OF 19. 9. 2001 — CASE T-121/00
ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 February 2000 (Case R-529/1999-1), which was notified to the applicant on 3 March 2000,
THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber),
composed of: A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges,
Registrar: D. Christensen, Administrator,
having regard to the application lodged at the Registry of the Court on 3 May 2000,
having regard to the response lodged at the Registry of the Court on 28 July 2000,
further to the hearing on 5 April 2001, II - 2782
PROCTER & GAMBH V OHIM SQUART TABI FI, WITH GREEN AND BLUE APEEKLES
gives the following
Judgment '
On those grounds,
THE COURT OF FIRST INSTANCE (Second Chamber),
hereby:
1. Dismisses the action;
1 — The facts, arguments of the parties and the grounds of this judgment are identical or similar to those IN THE JUdgment in Case¬ T-I 18/00 Procter & Gamble v OIHM (square tablet, white with green speekles and plate green |2001| 1-CR H 1731, HCR II- 2 7 3 5 The only DIFFERENCES IN comparison e i t h that judgment result from the appearance of the three dimensional mrks f o r which registration was sought, namely, in the instance, the shape of a square tablet with green and b lue apeekles.
II- 2783
JUDGMENT OF 19. 9. 2001 — CASE T-121/00
2. Orders the parties to bear their own costs.
Meij Potocki Pirrung
Delivered in open court in Luxembourg on 19 September 2001.
H. Jung A.W.H. Meij
Registrar President
II - 2784