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Document 62004TJ0190
Judgment of the Court of First Instance (Third Chamber) of 4 October 2006. # Freixenet SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Shape of a frosted white bottle - Absolute ground for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character - Infringement of the rights of the defence - Article 73 of Regulation No 40/94. # Case T-190/04.
Judgment of the Court of First Instance (Third Chamber) of 4 October 2006.
Freixenet SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Shape of a frosted white bottle - Absolute ground for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character - Infringement of the rights of the defence - Article 73 of Regulation No 40/94.
Case T-190/04.
Judgment of the Court of First Instance (Third Chamber) of 4 October 2006.
Freixenet SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Shape of a frosted white bottle - Absolute ground for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character - Infringement of the rights of the defence - Article 73 of Regulation No 40/94.
Case T-190/04.
European Court Reports 2006 II-00079*
ECLI identifier: ECLI:EU:T:2006:291
Judgment of the Court of First Instance (Third Chamber) of 4 October 2006 – Freixenet v OHIM (Shape of a frosted white bottle)
(Case T-190/04)
Community trade mark – Shape of a frosted white bottle – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 – Lack of distinctive character – Infringement of the rights of the defence – Article 73 of Regulation No 40/94
1. Community trade mark – Appeals procedure (Council Regulation No 40/94, Art. 63(3) and (6)) (see paras 15-18, 44-47)
2. Community trade mark – Decisions of the Office – Compliance with rights of the defence (Council Regulation No 40/94, Art. 73) (see paras 28-30, 41-42)
Re:
ACTION for annulment of the decision of the Fourth Board of Appeal of OHIM of 11 February 2004 (Case R 97/2001-4) concerning registration of a mark in the form of a frosted white 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 mark in the shape of a frosted white bottle for goods in Class 33 – Application No 32532 |
Decision of the examiner: |
Refusal of registration |
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 February 2004 (Case R 97/2001-4); |
|
Dismisses the remainder of the action; |
|
Orders OHIM to bear its own costs and to pay those of the applicant. |