Judgment of the General Court of 22 March 2013 — Bottega Veneta International v OHIM (Shape of a bag)

(Case T-410/10) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a bag - Absolute grounds for refusal - Lack of distinctive character - Lack of distinctive character acquired through use - Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 - Failure to take account of an element of the trade mark applied for - Rule No 9 of Regulation (EC) No 2868/95)

2013/C 129/29

Language of the case: Italian

Parties

Applicant: Bottega Veneta International Sàrl (Luxembourg, Luxembourg) (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 June 2010 (Case R 1539/2009-1), concerning an application for registration of a three-dimensional sign in the shape of a bag as a Community trade mark

Operative part of the judgment

The Court:

(1)  OJ C 301, 6.11.2010.