Source: EURLEX
Language: en
Format: md

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| 6.5.2006 | EN | Official Journal of the European Union | C 108/20 |

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Judgment of the Court of First Instance of 15 March 2006 — Develey v OHIM

(Case T-129/04)[(1)](#ntr1-C_2006108EN.01002002-E0001)

(Community trade mark - Three-dimensional mark - Shape of a plastic bottle - Refusal of registration - Absolute ground of refusal - Lack of distinctive character - Earlier national trade mark - Paris Convention - TRIPs Agreement - Article 7(1)(b) of Regulation (EC) No 40/94)

(2006/C 108/35)

Language of the case: German

Parties:

Applicant: Develey Holding GmbH & Co. Beteiligungs KG (Unterhaching, Gemany) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)

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

Action

for annulment of the decision of the Second Board of Appeal of OHIM of 20 January 2004 (Case R 367/2003-2) rejecting the application for registration as a Community trade mark of a three-dimensional sign in the form of a bottle.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action. |

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

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