Keywords
Subject of the case
Operative part

Keywords

Community trade mark

–

Definition and acquisition of the Community trade mark

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Absolute grounds for refusal

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Marks devoid of any distinctive character

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Exception

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Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(1)(b), and (3)) (see paras 68, 78, 84, 102, 119-120

)

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 20 November 2007 (Case R 104/2001-1) concerning an application for registration of a sign representing a frosted black matt bottle as a Community trade mark.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Freixenet, SA to pay the costs.