C-107/03P

The Procter & Gamble Company v OHIM (Trade Marks &Designs)

Appeal brought on 27 February 2003 by fax, confirmed by the original lodged on 7 March 2003, by The Procter & Gamble Company against the judgment delivered on 12 December 2002 by the Fourth Chamber of the Court of Fist Instance of the European Communities in Case T-63/01 between The Procter & Gamble Company and the Office for Harmonisation in the Internal Market (Trade Marks and Designs ) (OHIM)

An appeal against the judgment delivered on 12 December 2002 by the Fourth Chamber of the Court of Fist Instance of the European Communities in Case T-63/01 between The Procter & Gamble Company and the Office for Harmonisation in the Internal Market (Trade Marks and Designs ) (OHIM) was brought before the Court of Justice of the European Communities on 27 February 2003 by fax, confirmed by the original lodged on 7 March 2003, by The Procter & Gamble Company

The appellant claims that the Court should:

• set aside the judgment of the Court of First Instance of 12 December 2002 in Case T-63/01 and, in consequence thereof,
  
  - primarily: apply Article 54 if the Statute if the Court of the Court of Justice and give final judgment in the matter, upholding the form of order sought by the appellant before the Court of First Instance:
  
  - in the alternative: refer the case back to the Court of First Instance for judgment;
  
• in any event: order OHIM to pay the costs.