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Document 62008TJ0110

Judgment of the General Court (Third Chamber) of 27 April 2010.
Freixenet, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a Community trade mark representing a frosted black matt bottle - Absolute ground for refusal - Lack of distinctive character - No distinctive character acquired through use - Article 7(1)(b) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009) - Obligation to state reasons - Rights of the defence - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009).
Case T-110/08.

European Court Reports 2010 II-00068*

ECLI identifier: ECLI:EU:T:2010:163

Date of document:
27/04/2010
Date lodged:
28/02/2008
Author:
General Court
Country or organisation from which the request originates:
Spain
Form:
Judgment
Additional information:
POURVOI C-345/10 P
Authentic language:
French
Type of procedure:
Action for annulment - unfounded
Applicant:
Individual
Defendant:
European Union Intellectual Property Office, EU institutions and bodies
Judge-Rapporteur:
Frimodt Nielsen
Link
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Affected by case:
Instruments cited in case law:





Judgment of the General Court (Third Chamber) of 27 April 2010 – Freixenet v OHIM (Shape of a frosted black matt bottle)

(Case T-110/08)

Community trade mark – Application for a Community trade mark representing a frosted black matt bottle – Absolute ground for refusal – Lack of distinctive character – No distinctive character acquired through use – Article 7(1)(b) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009) – Duty to state reasons – Rights of the defence – Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – 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)

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

Applicant for the Community trade mark:

Freixenet SA

Community trade mark sought:

Three-dimensional trade mark in the shape of a frosted matt black bottle for goods in Class 33 – Application No 32540

Decision of the Examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Freixenet, SA to pay the costs.

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