CELEX: C2006/178/58
Language: en
Date: 2006-07-29 00:00:00
Title: Case T-15/05: Judgement of the Court of First Instance of  31 May 2006  — De Waele v OHIM (Shape of sausage) (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)

29.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 178/32
            
         Judgement of the Court of First Instance of 31 May 2006 — De Waele v OHIM (Shape of sausage)
   (Case T-15/05) (1)
   
   (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:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the applicant to pay the costs.
            
         
      (1)  OJ C 57, 5.3.2005.