CELEX: 62010TN0347
Language: en
Date: 2010-08-27 00:00:00
Title: Case T-347/10: Action brought on 27 August 2010 — Adelholzener Alpenquellen v OHIM (Shape of a bottle with a relief-like depiction of three mountain summits)

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/52
            
         
      Action brought on 27 August 2010 — Adelholzener Alpenquellen v OHIM (Shape of a bottle with a relief-like depiction of three mountain summits)
      (Case T-347/10)
      ()
      (2010/C 288/96)
      Language in which the application was lodged: German
      
         Parties
      
      
         Applicant: Adelholzener Alpenquellen GmbH (Siegsdorf, Germany) (represented by O. Rauscher, lawyer)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
      
         Form of order sought
      
      
                  —
               
               
                  Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 June 2010 in Case R 1516/2009-1;
               
            
                  —
               
               
                  Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
               
            
         Pleas in law and main arguments
      
      
         Community trade mark concerned: the three-dimensional mark in the shape of a bottle with a relief-like depiction of three mountain summits for goods in Class 32
      
         Decision of the Examiner: rejection of the application
      
         Decision of the Board of Appeal: dismissal of the appeal
      
         Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009 (1) as the Community trade mark at issue has distinctive character; infringement of Article 37(2) of Regulation (EC) No 207/2009 as the Board of Appeal should not have based its decision on the absence of a disclaimer; and infringement of Article 75(2) of Regulation (EC) No 207/2009 as the applicant was unable to comment on certain depictions on which the decision was based
      
         (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).