CELEX: 62008TJ0109
Language: en
Date: 2010-04-27 00:00:00
Title: Judgment of the General Court (Third Chamber) of 27 April 2010. # Freixenet, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community trade mark representing a frosted white 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). # Case T-109/08.

Judgment of the General Court (Third Chamber) of 27 April 2010 – Freixenet v OHIM (Shape of a frosted white bottle) 
      (Case T-109/08)
      Community trade mark – Application for a Community trade mark representing a frosted white 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) – Duty to state reasons – Rights of the defence – Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009)
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(1)(b), and (3)) (see paras 69, 79,
         85, 107, 123-124)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 30 November 2007 (Case R 97/2001-1) concerning
                  an application for registration of a sign representing a frosted white bottle as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Freixenet SA
            
         
               Community trade mark sought:
            
            
               Three-dimensional trade mark in the shape of a frosted white bottle for goods in Class 33 – Application No 32532
            
         
               Decision of the Examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Freixenet, SA to pay the costs.