Judgment — ECLI:EU:T:2003:328
Date: 2003-12-03
Language of the case: French
Court formation: Fourth 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 - successful
Origin: France

Summary of the Judgment 
Community trade mark — Definition and acquisition of the Community trade mark — 
Absolute grounds for refusal — Signs devoid of any distinctive character — Three-
dimensional mark — Shape of a bottle designed as packaging for the products referred to 
in the trade mark application 
(Council Regulation No 40/94, Art. 7(1)(b)) 
II - 5207 
SUMMARY — CASE T-30S/02 
A three-dimensional sign constituted by the 
shape of a cylindrical bottle with various 
presentational elements, registration of 
which has been applied for in respect of 
'Mineral and aerated waters, spring waters, 
flavoured waters and more particularly 
flavoured drinks with a mineral water and 
fruit or fruit extract base, fruit drinks, fruit 
juices, nectars, lemonades, sodas and, more 
generally, all non-alcoholic beverages' 
under Class 32 of the Nice Agreement, is 
not devoid of any distinctive character 
within the meaning of Article 7(1)(b) of 
Regulation No 40/94 on the Community 
trade mark; the combination of those 
elements is truly specific and cannot be 
regarded as altogether commonplace. The 
bottle at issue thereby acquires a particular 
appearance which, taking account also of 
the overall aesthetic result, is capable of 
holding the attention of the public con­
cerned and enabling that public, made 
aware of the shape of the packaging of 
the goods in question, to distinguish the 
goods covered by the registration appli­
cation from those with a different commer­
cial origin. 
(see paras 41, 43) 
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