T-128/00

PROCTER & GAMBLE v OHIM (SQUARE TABLET WITH INLAY)

JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber) 19 September 2001 *

In Case T-12 8/00,

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

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 15 May 2000,

having regard to the response lodged at the Registry of the Court on 27 July 2000,

further to the hearing on 5 April 2001, II - 2790

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 March 2000 (Case R-506/1999-1) in so far as it concerns products falling

1 —The facts, arguments of the parties and the grounds of the present jadgment are identical or similar to those in the jadgment in Case T-129/00 Procter & Gamble v OHIM (rectangular tablet with inlavi |2001| FCR.II 2793, FCR I I 2797 the only shflerences in comparison with that judgment result from the appearance of the three-dimensional trade marks for which registration was saught, normaly, in this instance, the shape of a square tablet teaturing a square inlay in the center and speakles, colour not being cleanned.

II - 2791

JUDGMENT OF 19. 9. 2001 — CASE T-128/00

within Class 3 of the Nice Agreement corresponding to the description 'perfumery, essential oils, cosmetics, hair lotions; dentifrices';

2. Dismisses the remainder of the action;