Traduction de «marking machine » (Anglais → Français) :

(i) the .303 in. Lewis Mark 1 machine-gun, or any variant or modified version of it, including the Lewis Mark 1*, Mark 2, Mark 2*, Mark 3, Mark 4, Lewis SS and .30 in. Savage-Lewis,

(iii) the Bren Light machine-gun, or any variant or modified version of it, including the Mark 1, Mark 2, Mark 2/1, Mark 3 and Mark 4;

In its submission, it is appropriate in this case to ascertain what was the usual get-up of washing-machine and dishwasher tablets on the market at the date on which the various trade-mark applications were filed and to determine whether, from the consumer’s point of view, the get-up of the trade marks for which registration is applied is perceptibly different.

By applications lodged at the Court Registry on 6 December 2001, Procter Gamble Company (‘Procter Gamble’) appealed pursuant to Article 49 of the EC Statute of the Court of Justice against the judgments of the Court of First Instance of 19 September 2001 in Case T-128/00 Procter Gamble v OHIM (Square tablet with inlay) [2001] ECR II-2785 (‘Case T-128/00’) and Case T‑129/00 Procter Gamble v OHIM (Rectangular tablet with inlay) [2001] ECR II-2793 (‘Case T‑129/00’), (together hereinafter referred to as ‘the judgments under appeal’), by which the Court of First Instance partially dismissed its actions for annulment of the decisions of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade ...[+++]Marks and Designs) (‘OHIM’) of 8 March 2000 (Cases R‑506/1999‑1 and R‑508/1999‑1), which had rejected its appeals against the refusal to register as Community trade marks three-dimensional tablets for washing machines or dishwashers (‘the contested decisions’).

That does not mean, however, that the competent authority, responsible for ascertaining whether the trade mark for which registration is sought – in this instance the graphic representation of a combination of the shape of a washing machine or dishwasher tablet and its constituent features – is capable of being perceived by the public as an indication of origin, may not first examine each of the individual features of the get-up of that mark in turn.

EUROPA - EU law and publications - EUR-Lex - EUR-Lex - 62001CJ0473 - EN - Judgment of the Court (Sixth Chamber) of 29 April 2004. Procter & Gamble Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). Appeal - Community trade mark - Article 7(1)(b) of Regulation (EC) No 40/94 - Three-dimensional tablets for washing machine or dishwashers - Absolute ground for refusal to register - Distinctive character. Joined cases C-473/01 P and C-474/01 P.