Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 30 November 2005 − Almdudler-Limonade v OHIM (Shape of a lemonade
bottle)**

**(Case T-12/04)**

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

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark – Shape of a lemonade bottle (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 36)

**Re:**

|  |
| --- |
| 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. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Almdudler-Limonade A. & S. Klein |
| Community trade mark applied for: | Three-dimensional mark in the shape of a lemonade bottle – Application No 2193753 |
| Decision of the examiner: | Refusal to register |
| Decision of the Board of Appeal: | Dismissal of the action |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the application; |

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

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