CELEX: 62010TA0409
Language: en
Date: 2013-03-22 00:00:00
Title: Case T-409/10: Judgment of the General Court of 22 March 2013 — Bottega Veneta International v OHIM (Shape of a handbag) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a handbag — Absolute grounds for refusal — Lack of distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 — Failure to take account of an element of the trade mark applied for — Rule No 9 of Regulation (EC) No 2868/95)

4.5.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/15
            
         Judgment of the General Court of 22 March 2013 — Bottega Veneta International v OHIM (Shape of a handbag)
   (Case T-409/10) (1)
   
   (Community trade mark - Application for a three-dimensional Community trade mark - Shape of a handbag - Absolute grounds for refusal - Lack of distinctive character - Lack of distinctive character acquired through use - Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 - Failure to take account of an element of the trade mark applied for - Rule No 9 of Regulation (EC) No 2868/95)
   2013/C 129/28
   Language of the case: Italian
   
      Parties
   
   
      Applicant: Bottega Veneta International Sàrl (Luxembourg, Luxembourg) (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci, acting as Agent)
   
      Re:
   
   Action brought against the decision of the First Board of Appeal of OHIM of 16 June 2010 (Case R 1247/2009-1), concerning an application for registration of a three-dimensional sign in the shape of a handbag as a Community trade mark
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Bottega Veneta International Sàrl to pay the costs.
            
         
      (1)  OJ C 301, 6.11.2010.