Translation of "Lampe de poche antidéflagrante " (French → English) :

By its appeal, Mag Instrument Inc. requests the Court to set aside the judgment of the Court of First Instance of 7 February 2002 in Case T-88/00 Mag Instrument v OHIM (Torch shapes) [2002] ECR II-467 (‘the contested judgment’), in which the Court of First Instance dismissed its application for the annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (‘the Office’) of 14 February 2000 (Cases R 237/1999-2 to R 41/1999-2), refusing registration of five three-dimensional marks consisting of torch shapes (‘the disputed decision’).

The Court of First Instance was accordingly right to consider the distinctiveness of the marks in question from the point of view of a consumer who is accustomed to the shapes of torches that are on the market and is faced for the first time with the torches in question.

It adds that, as the members of the Court of First Instance are themselves consumers for whom torches are familiar objects, they were in a position to assess on the basis of their own knowledge which shapes of torch are ‘normal’ and common.

The goods in respect of which registration was sought are in Classes 9 and 11 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and correspond to the following descriptions: ‘Accessories for apparatus for lighting, in particular for flashlights (torches)’ and ‘Apparatus for lighting, in particular flashlights (torches), including parts and accessories for the above-named goods’.

(c) in item 32, "Tool set for temporary repairs" shall be replaced by "One handlamp for each member of the vehicle crew";

- small electric accessories such as power sockets, switches, wiring flex, electric bulbs, fluorescent lighting tubes, torches, flashlights. hand-lamps, electric batteries for general use, bells and alarms,