Judgment — ECLI:EU:T:2005:434
Date: 2005-11-30
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Three-dimensional marks
Procedure: Action for annulment - unfounded
Origin: Austria

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.