CELEX: C2006/108/35
Language: en
Date: 2006-05-06 00:00:00
Title: Case T-129/04: Judgment of the Court of First Instance of  15 March 2006  — Develey v OHIM (Community trade mark — Three-dimensional mark — Shape of a plastic bottle — Refusal of registration — Absolute ground of refusal — Lack of distinctive character — Earlier national trade mark — Paris Convention — TRIPs Agreement — Article 7(1)(b) of Regulation (EC) No 40/94)

6.5.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 108/20
            
         Judgment of the Court of First Instance of 15 March 2006 — Develey v OHIM
   (Case T-129/04) (1)
   
   (Community trade mark - Three-dimensional mark - Shape of a plastic bottle - Refusal of registration - Absolute ground of refusal - Lack of distinctive character - Earlier national trade mark - Paris Convention - TRIPs Agreement - Article 7(1)(b) of Regulation (EC) No 40/94)
   (2006/C 108/35)
   Language of the case: German
   Parties:
   
      Applicant: Develey Holding GmbH & Co. Beteiligungs KG (Unterhaching, Gemany) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
   Action
   for annulment of the decision of the Second Board of Appeal of OHIM of 20 January 2004 (Case R 367/2003-2) rejecting the application for registration as a Community trade mark of a three-dimensional sign in the form of a bottle.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action.
            
         
               2.
            
            
               Orders the applicant to pay the costs.
            
         
      (1)  OJ C 168, 26.6.2004.