CELEX: C2006/281/54
Language: en
Date: 2006-11-18 00:00:00
Title: Case T-190/04: Judgment of the Court of First Instance of 4 October 2006 — Freixenet v OHIM (Shape of a frosted white bottle) (Community trade mark — Shape of a frosted white bottle — Absolute ground of refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Lack of distinctive character — Infringement of the rights of the defence — Article 73 of Regulation No 40/94)

18.11.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/32
            
         Judgment of the Court of First Instance of 4 October 2006 — Freixenet v OHIM (Shape of a frosted white bottle)
   (Case T-190/04) (1)
   
   (Community trade mark - Shape of a frosted white bottle - Absolute ground of refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character - Infringement of the rights of the defence - Article 73 of Regulation No 40/94)
   (2006/C 281/54)
   Language of the case: French
   Parties
   
      Applicant: Freixenet, SA (Sant Sadurní d'Anoia, Spain) (represented by: F. de Visscher, E. Cornu, É. De Gryse and D. Moreau, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero, Agent)
   Re:
   Action for annulment of the decision of the Fourth Board of Appeal of OHIM of 11 February 2004 (Case R 97/2001-4) concerning registration of a mark in the form of a frosted white bottle as a Community trade mark
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 February 2004 (Case R 97/2001-4);
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders OHIM to bear its own costs and to pay those of the applicant.
            
         
      (1)  OJ C 201, 7.8.2004.