Judgment — ECLI:EU:T:2010:163
Date: 2010-04-27
Language of the case: French
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

** Judgment of the General Court of 27 April 2010 - Freixenet v OHIM (Shape of a frosted black matt bottle) (Case T-110/08) 1 (Community trade mark - Application for a Community trade mark representing a frosted black matt bottle - Absolute ground for refusal - Lack of distinctive character - No distinctive character acquired through use - Article 7(1)(b) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009) - Obligation to state reasons - Rights of the defence - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009)) Language of the case: French Parties Applicant: Freixenet, SA (Sant Sadurní d'Anoia, Spain) (represented by: F. de Visscher, E. Cornu and D. Moreau, lawyers Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, Agent) Re: Action brought against the decision of the First Board of Appeal of OHIM of 20 November 2007 (Case R 104/2001-1) concerning an application for registration of a sign representing a frosted black matt bottle as a Community trade mark. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Freixenet, SA to pay the costs. ____________ 1 - OJ C 116, 9.5.2008.