Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 19.6.2010 | EN | Official Journal of the European Union | C 161/39 |

---

Judgment of the General Court of 27 April 2010 — Freixenet v OHIM (Shape of a frosted white bottle)

(Case T-109/08) [(1)](#ntr1-C_2010161EN.01003902-E0001)

(Community trade mark - Application for a Community trade mark representing a frosted white bottle - Absolute ground for refusal - Lack of distinctive character - No distinctive character acquired through use - Article 7(1)(b) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009) - Obligation to state reasons - Rights of the defence - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))

(2010/C 161/60)

Language of the case: French

Parties

Applicant: Freixenet, SA (Sant Sadurní d’Anoia, Spain) (represented by: F. de Visscher, E. Cornu and D. Moreau, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 November 2007 (Case R 97/2001-1) concerning an application for registration of a sign representing a frosted white bottle as a Community trade mark.

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Dismisses the action; |

|  |  |
| --- | --- |
| 2. | Orders Freixenet, SA to pay the costs. |

---

---

[Top](#document1)