Judgment — ECLI:EU:T:2013:149
Date: 2013-03-22
Language of the case: Italian
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Luxembourg

Judgment of the General Court of 22 March 2013 - Bottega Veneta International v OHIM (Shape of a bag) (Case T-410/10)  (Community trade mark - Application for a three-dimensional Community trade mark - Shape of a bag - Absolute grounds for refusal - Lack of distinctive character - Lack of distinctive character acquired through use - Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 - Failure to take account of an element of the trade mark applied for - Rule No 9 of Regulation (EC) No 2868/95) Language of the case: Italian Parties Applicant: Bottega Veneta International Sàrl (Luxembourg, Luxembourg) (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci, acting as Agent) Re: Action brought against the decision of the First Board of Appeal of OHIM of 16 June 2010 (Case R 1539/2009-1), concerning an application for registration of a three-dimensional sign in the shape of a bag as a Community trade mark Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Bottega Veneta International Sàrl to pay the costs. ____________ 1 - OJ C 301, 6.11.2010.