Case T-188/04: Judgment of the Court of First Instance of 4 October 2006 — Freixenet v OHIM (Shape of a frosted matt black bottle) (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)
Date: 2006-11-18
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), packaging product, sparkling wine, trade-mark law

18.11.2006

EN

Official Journal of the European Union

C 281/31

Re:

Operative part of the judgment

Application for partial annulment of
the applicant's career
development report for the assessment period 2001-2002 and
an application for the payment of EUR 30 000 in damages for
the non-material damage alleged.

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

Operative part of the judgment

The Court:

(1) OJ C 273, 6.11.2004.

1. Annuls the decision adopting the applicant's career development
report for the period from 1 July 2001 to 31 December 2002.

2. Dismisses the remainder of the application.

3. Orders the Commission to pay the costs.

(1) OJ C 156, 12.06.2004.

Judgment of the Court of First Instance of 7 September
2006 — L & D v OHIM — Sämann (Aire Limpio)

(Case T-168/04) (1)

(Community trade mark — Opposition proceedings —
Earlier figurative marks representing a fir tree including, in
certain cases, verbal elements — Application for figurative
mark containing the verbal element ‘Aire Limpio’ — Likeli-
hood of confusion — Article 8(1)(b) and Article 73 of Regu-
lation (EC) No 40/94)

(2006/C 281/52)

Language of the case: Spanish

Parties

Applicant: L & D, SA (Huercal de Almeria, Spain) (represented
by: initially, M. Knospe, and, subsequently, S. Miralles Miravet
and A. Castedo Garcia, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. García Murillo,
Agent)

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance: Julius Sämann Ltd
(Zug, Switzerland) (represented by: A. Castán Pérez Gómez and
E. Armijo Chávarri, lawyers)

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)

(2006/C 281/53)

Language of the case: French

Parties

Applicant: Freixenet, SA (Sant Sadurní d'Anoia, Spain) (repre-
sented 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)
I. de Medrano
Caballero, Agent)

(represented by:

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:

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 11 February 2004 (Case R 104/2001-4);

2. Dismisses the remainder of the action;

3. Orders OHIM to bear its own costs and to pay those of the appli-

cant.

Re:

Application for partial annulment of the decision of the Second
Board of Appeal of OHIM of 15 March 2004 (Case R
326/2003-2) relating to opposition proceedings between Julius
Sämann Ltd and L & D, SA.

(1) OJ C 201, 7.8.2004.