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Document 62004TJ0012

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.

European Court Reports 2005 II-00021*

ECLI identifier: ECLI:EU:T:2005:434





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

Applicant for the Community trade mark:

Almdudler-Limonade A. & S. Klein

Community trade mark applied for:

Three-dimensional mark in the shape of a lemonade bottle – Application No 2193753

Decision of the examiner:

Refusal to register

Decision of the Board of Appeal:

Dismissal of the action


Operative part

The Court:

 

Dismisses the application;

 

Orders the applicant to pay the costs.

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