Source: EURLEX
Language: en
Format: md

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| 1.9.2014 | EN | Official Journal of the European Union | C 292/41 |

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Judgment of the General Court of 16 July 2014 — Langguth Erben v OHIM (Shape of an alcoholic beverage bottle)

(Case T-66/13)[(1)](#ntr1-C_2014292EN.01004101-E0001)

((Community trade mark - Application for a three-dimensional Community trade mark - Shape of an alcoholic beverage bottle - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) and (2), Article 75, Article 76(1) and Article 77 of Regulation (EC) No 207/2009))

2014/C 292/50

Language of the case: German

Parties

Applicant: Franz Wilhelm Langguth Erben GmbH & Co. KG (Traben-Trarbach, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 November 2012 (Case R 129/2012-1), concerning an application for registration of a three-dimensional sign comprising the shape of an alcoholic beverage bottle as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Franz Wilhelm Langguth Erben GmbH & Co. KG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |

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