Source: EURLEX
Language: en
Format: md

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| 18.11.2006 | EN | Official Journal of the European Union | C 281/31 |

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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)](#ntr1-C_2006281EN.01003102-E0001)

(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) (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:

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| 1. | 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); |

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| 2. | Dismisses the remainder of the action; |

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| 3. | Orders OHIM to bear its own costs and to pay those of the applicant. |

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