This document is an excerpt from the EUR-Lex website
Document C2006/108/35
Case T-129/04: Judgment of the Court of First Instance of 15 March 2006 — Develey v OHIM (Community trade mark — Three-dimensional mark — Shape of a plastic bottle — Refusal of registration — Absolute ground of refusal — Lack of distinctive character — Earlier national trade mark — Paris Convention — TRIPs Agreement — Article 7(1)(b) of Regulation (EC) No 40/94)
Case T-129/04: Judgment of the Court of First Instance of 15 March 2006 — Develey v OHIM (Community trade mark — Three-dimensional mark — Shape of a plastic bottle — Refusal of registration — Absolute ground of refusal — Lack of distinctive character — Earlier national trade mark — Paris Convention — TRIPs Agreement — Article 7(1)(b) of Regulation (EC) No 40/94)
Case T-129/04: Judgment of the Court of First Instance of 15 March 2006 — Develey v OHIM (Community trade mark — Three-dimensional mark — Shape of a plastic bottle — Refusal of registration — Absolute ground of refusal — Lack of distinctive character — Earlier national trade mark — Paris Convention — TRIPs Agreement — Article 7(1)(b) of Regulation (EC) No 40/94)
JO C 108, 6.5.2006, p. 20–20
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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6.5.2006 |
EN |
Official Journal of the European Union |
C 108/20 |
Judgment of the Court of First Instance of 15 March 2006 — Develey v OHIM
(Case T-129/04) (1)
(Community trade mark - Three-dimensional mark - Shape of a plastic bottle - Refusal of registration - Absolute ground of refusal - Lack of distinctive character - Earlier national trade mark - Paris Convention - TRIPs Agreement - Article 7(1)(b) of Regulation (EC) No 40/94)
(2006/C 108/35)
Language of the case: German
Parties:
Applicant: Develey Holding GmbH & Co. Beteiligungs KG (Unterhaching, Gemany) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Action
for annulment of the decision of the Second Board of Appeal of OHIM of 20 January 2004 (Case R 367/2003-2) rejecting the application for registration as a Community trade mark of a three-dimensional sign in the form of a bottle.
Operative part of the judgment
The Court:
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1. |
Dismisses the action. |
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2. |
Orders the applicant to pay the costs. |