JUDGMENT OF THE COURT OF FIRST INSTANCE

of 29 April 2004

in Case T-399/02: Eurocermex SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark - Three-dimensional trade mark - Form of a bottle - Long-neck bottle in the neck of which a slice of lemon has been plugged - Absolute grounds for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2004/C 118/83)

Language of the case: French

In Case T-399/02: Eurocermex SA, established in Evere (Belgium), represented by A. Bertrand and T. Reisch, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), (Agents: S. Laitinen and A. Rassat) – application brought for the annulment of the decision of the First Board of Appeal of OHIM of 21 October 2002 (Case R 188/2002-1) concerning an application for registration of a three-dimensional trade mark (long-neck bottle in the neck of which a slice of lemon has been plugged) as a Community trade mark – the Court of First Instance (Second Chamber), composed of J. Pirrung, President, A.W.H. Meij and N.J. Forwood, Judges; J. Palacio González, Administrator, for the Registrar, has given a judgment on 29 April 2004, in which it:

(1)  OJ C 44 of 22.2.2003.