CELEX: 62004TJ0012
Language: en
Date: 2005-11-30
Title: Judgment of the Court of First Instance (Second Chamber) of 30 November 2005. # Almdudler-Limonade A. & S. Klein v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Three-dimensional mark - Shape of a lemonade bottle - Refusal to register - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-12/04.

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.