CELEX: 62008TA0110
Language: en
Date: 2010-04-27 00:00:00
Title: Case T-110/08: Judgment of the General Court of 27 April 2010 — Freixenet v OHIM (Shape of a frosted black matt bottle) (Community trade mark — Application for a Community trade mark representing a frosted black matt 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))

19.6.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 161/40
            
         
      Judgment of the General Court of 27 April 2010 — Freixenet v OHIM (Shape of a frosted black matt bottle)
      (Case T-110/08) (1)
      
      (Community trade mark - Application for a Community trade mark representing a frosted black matt 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 161/61)
      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 20 November 2007 (Case R 104/2001-1) concerning an application for registration of a sign representing a frosted black matt 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.
               
            
         (1)  OJ C 116, 9.5.2008.