CELEX: 62008TJ0109
Community trade mark
Application for a Community trade mark representing a frosted white 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)

ACTION brought against the decision of the First Board of Appeal of OHIM of 30 November 2007 (Case R 97/2001-1) concerning
an application for registration of a sign representing 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 trade mark in the shape of a frosted white bottle for goods in Class 33 – Application No 32532
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.