CELEX: C2004/118/83
Language: en
Date: 2004-04-30 00:00:00
Title: Judgment of the Court of First Instance of 29 April 2004 in Case T-399/02: Eurocermex SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Three-dimensional trade mark — Form of a bottle — Long-neck bottle in the neck of which a slice of lemon has been plugged — Absolute grounds for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/39
            
         
      JUDGMENT OF THE COURT OF FIRST INSTANCE
   
   of 29 April 2004
   in Case T-399/02: Eurocermex SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)
   
   (Community trade mark - Three-dimensional trade mark - Form of a bottle - Long-neck bottle in the neck of which a slice of lemon has been plugged - Absolute grounds for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
   (2004/C 118/83)
   Language of the case: French
   In Case T-399/02: Eurocermex SA, established in Evere (Belgium), represented by A. Bertrand and T. Reisch, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), (Agents: S. Laitinen and A. Rassat) – application brought for the annulment of the decision of the First Board of Appeal of OHIM of 21 October 2002 (Case R 188/2002-1) concerning an application for registration of a three-dimensional trade mark (long-neck bottle in the neck of which a slice of lemon has been plugged) as a Community trade mark – the Court of First Instance (Second Chamber), composed of J. Pirrung, President, A.W.H. Meij and N.J. Forwood, Judges; J. Palacio González, Administrator, for the Registrar, has given a judgment on 29 April 2004, in which it:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the applicant to bear the costs.
            
         
      (1)  OJ C 44 of 22.2.2003.