Judgment — ECLI:EU:T:2006:290
Date: 2006-10-04
Language of the case: French
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Rights of the defence;Actions before the Community Courts
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Spain

Judgment of the Court of First Instance of 4 October 2006 - Freixenet v OHIM (Shape of a frosted matt black bottle) (Case T-188/04) 1 (Community trade mark - Shape of a frosted matt black bottle - Absolute ground of refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character - Infringement of the rights of the defence - Article 73 of Regulation No 40/94) Language of the case: French Parties Applicant: Freixenet, SA (Sant Sadurní d'Anoia, Spain) (represented by: F. de Visscher, E. Cornu, É. De Gryse and D. Moreau, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero, Agent) Re: Action for annulment of the decision of the Fourth Board of Appeal of OHIM of 11 February 2004 (Case R 97/2001-4) concerning registration of a mark in the form of a frosted matt black bottle as a Community trade mark Operative part of the judgment The Court: Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 February 2004 (Case R 104/2001-4); Dismisses the remainder of the action; Orders OHIM to bear its own costs and to pay those of the applicant. ____________ 1 - OJ C 201, 7.8.2004.