CELEX: 62004TJ0012
Community trade mark
Three-dimensional mark
Shape of a lemonade bottle
Refusal to register
Article 7(1)(b) of Regulation (EC) No 40/94

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:

Dismisses the application;

Orders the applicant to pay the costs.