CELEX: 62010TA0347
Language: en
Date: 2013-04-19 00:00:00
Title: Case T-347/10: Judgment of the General Court of 19 April 2013 — Adelholzener Alpenquellen v OHIM (Shape of a bottle with an embossed pattern) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a bottle with an embossed pattern — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of declaration as to the scope of the protection — Article 37(2) of Regulation No 207/2009 — Infringements of the rights of the defence — Second sentence of Article 75 of Regulation No 207/2009)

1.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 156/38
            
         Judgment of the General Court of 19 April 2013 — Adelholzener Alpenquellen v OHIM (Shape of a bottle with an embossed pattern)
   (Case T-347/10) (1)
   
   (Community trade mark - Application for a three-dimensional Community trade mark - Shape of a bottle with an embossed pattern - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Lack of declaration as to the scope of the protection - Article 37(2) of Regulation No 207/2009 - Infringements of the rights of the defence - Second sentence of Article 75 of Regulation No 207/2009)
   2013/C 156/67
   Language of the case: German
   
      Parties
   
   
      Applicant: Adelholzener Alpenquellen GmbH (Siegsdorf, Germany) (represented by: O. Rauscher and C. Onken, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: S. Schäffner and subsequently by: A. Schifko, acting as Agents)
   
      Re:
   
   Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1516/2009-1) concerning an application for registration of a three-dimensional sign consisting of the shape of a bottle with an embossed pattern as a Community trade mark.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Adelholzener Alpenquellen GmbH to pay the costs..
            
         
      (1)  OJ C 288, 23.10.2010.