Judgment — ECLI:EU:T:2006:84
Date: 2006-03-15
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: Germany

Summary of the Judgment Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) A three-dimensional trade mark in the shape of a plastic bottle, with a stretched neck and flattened body, a roll and lateral hollows, for which registration is sought for foods for everyday consumption within Classes 29, 30 and 32 of the Nice Agreement, is devoid of any distinctive character within the meaning of Article 7(1)(b) of Regulation No 40/94 on the Community trade mark, assessed by reference to the overall impression which it gives, since the only characteristic in which the trade mark sought differs from the usual shape of a bottle containing goods such as those covered by the trade mark application is constituted by the lateral hollows. Even if that feature could be considered unusual, alone it is not sufficient to influence the overall impression given by the trade mark sought to such an extent that it departs significantly from the norm or customs of the sector and thereby fulfils its essential function of indicating origin. (see paras 50, 52-54)