23.10.2010 |
EN |
Official Journal of the European Union |
C 288/52 |
Action brought on 27 August 2010 — Adelholzener Alpenquellen v OHIM (Shape of a bottle with a relief-like depiction of three mountain summits)
(Case T-347/10)
()
(2010/C 288/96)
Language in which the application was lodged: German
Parties
Applicant: Adelholzener Alpenquellen GmbH (Siegsdorf, Germany) (represented by O. Rauscher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
— |
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 June 2010 in Case R 1516/2009-1; |
— |
Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: the three-dimensional mark in the shape of a bottle with a relief-like depiction of three mountain summits for goods in Class 32
Decision of the Examiner: rejection of the application
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009 (1) as the Community trade mark at issue has distinctive character; infringement of Article 37(2) of Regulation (EC) No 207/2009 as the Board of Appeal should not have based its decision on the absence of a disclaimer; and infringement of Article 75(2) of Regulation (EC) No 207/2009 as the applicant was unable to comment on certain depictions on which the decision was based
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).