CELEX: 62007TA0449
Language: en
Date: 2009-05-05 00:00:00
Title: Case T-449/07: Judgment of the Court of First Instance of 5 May 2009 — Rotter v OHIM (Shape of an arrangement of sausages) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of an arrangement of sausages — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

20.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 141/39
            
         Judgment of the Court of First Instance of 5 May 2009 — Rotter v OHIM (Shape of an arrangement of sausages)
   (Case T-449/07) (1)
   
   (Community trade mark - Application for a three-dimensional Community trade mark - Shape of an arrangement of sausages - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
   2009/C 141/80
   Language of the case: German
   
      Parties
   
   
      Applicant: Thomas Rotter (Munich, Germany) (represented by: M. Müller, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
   
      Re:
   
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 September 2007 (Case R 1415/2006-4) relating to the registration of a three-dimensional sign representing an arrangement of sausages as a Community trade mark.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Mr Thomas Rotter to pay the costs.
            
         
      (1)  OJ C 37, 9.2.2008.