Judgment of the Court of First Instance (Second Chamber) of 30 November 2005 − Almdudler-Limonade v OHIM (Shape of a lemonade bottle)
(Case T-12/04)
Community trade mark – Three-dimensional mark – Shape of a lemonade bottle – Refusal to register – Article 7(1)(b) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark – Shape of a lemonade bottle (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 36)
Re:
| ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 5 November 2003 (Case R 490/2003-2) in relation to the registration of a three-dimensional mark in the shape of a lemonade bottle. |
Information relating to the case
Applicant for the Community trade mark: | Almdudler-Limonade A. & S. Klein |
Community trade mark applied for: | Three-dimensional mark in the shape of a lemonade bottle – Application No 2193753 |
Decision of the examiner: | Refusal to register |
Decision of the Board of Appeal: | Dismissal of the action |
Operative part
The Court:
1. |
| Dismisses the application; |
2. |
| Orders the applicant to pay the costs. |