Community trade mark Refusal to register dimensional mark Article 7(1)(b) of Regulation (EC) No 40/94 Three Shape of a lemonade bottle
Sumário
Judgment of the Court of First Instance (Second Chamber) of 30 November 2005.
Almdudler-Limonade A. & S. Klein v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Three-dimensional mark - Shape of a lemonade bottle - Refusal to register - Article 7(1)(b) of Regulation (EC) No 40/94.
Case T-12/04.
Texto da decisão
Judgment of the Court of First Instance (Second Chamber) of 30 November 2005 − Almdudler-Limonade v OHIM (Shape of a lemonade bottle)
(Case T-12/04)
Community trade mark – Three-dimensional mark – Shape of a lemonade bottle – Refusal to register – Article 7(1)(b) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark – Shape of a lemonade bottle (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 36)
Re:
| ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 5 November 2003 (Case R 490/2003-2) in relation to the registration of a three-dimensional mark in the shape of a lemonade bottle. |
Information relating to the case
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Applicant for the Community trade mark: |
Almdudler-Limonade A. & S. Klein |
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Community trade mark applied for: |
Three-dimensional mark in the shape of a lemonade bottle – Application No 2193753 |
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Decision of the examiner: |
Refusal to register |
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Decision of the Board of Appeal: |
Dismissal of the action |
Operative part
The Court:
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Dismisses the application; |
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Orders the applicant to pay the costs. |