Source: EURLEX
Language: en
Format: md

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| 29.7.2006 | EN | Official Journal of the European Union | C 178/32 |

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Judgement of the Court of First Instance of 31 May 2006 — De Waele v OHIM (Shape of sausage)

(Case T-15/05)[(1)](#ntr1-C_2006178EN.01003201-E0001)

(Community trade mark - Three-dimensional mark - Shape of a sausage - Absolute grounds for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2006/C 178/58)

Language of the case: Dutch

Parties

Applicant: Wim De Waele (Bruges, Belgium) (represented by: P. Maeyaert, S. Granata and R. Vermeire, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 November 2004 (Case R 820/2004-1) concerning registration of a three-dimensional mark in the shape of a sausage as a Community trade mark.

Operative part of the judgement

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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