Source: EURLEX
Language: en
Format: md

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| 11.2.2006 | EN | Official Journal of the European Union | C 36/30 |

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Judgment of the Court of First Instance of 30 November 2005 — Almdudler-Limonade v OHIM

(Case T-12/04)[(1)](#ntr1-C_2006036EN.01003002-E0001)

(Community trade mark - Three-dimensional mark - Shape of a lemonade bottle - Refusal to register - Article 7(1)(b) of Regulation (EC) No 40/94)

(2006/C 36/65)

Language of the case: German

Parties

Applicant: Almdudler-Limonade A. & S. Klein (Vienna, Austria) (represented by: G. Schönherr, lawyer)

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

Action

brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 5 November 2003 (Case R 490/2003-2) in relation to the registration of a three-dimensional mark in the shape of a lemonade bottle

Operative part of the judgment

The Court:

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| 1. | Dismisses the application; |

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| 2. | Orders the applicant to pay the costs. |

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