CELEX: 62014TN0070
Language: en
Date: 2014-01-27 00:00:00
Title: Case T-70/14: Action brought on 27 January 2014 — UAB MELT WATER v OHIM (Form of a bottle)

14.4.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 112/49
            
         Action brought on 27 January 2014 — UAB MELT WATER v OHIM (Form of a bottle)
   
   (Case T-70/14)
   2014/C 112/63
   Language in which the application was lodged: Lithuanian
   
      Parties
   
   
      Applicant: Research and Production Company MELT WATER UAB (Klaipėda, Lithuania) (represented by V. Viešūnaitė, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               set aside the decision of the Fifth Board of Appeal of OHIM of 26 November 2013 in Case R 481/2013-5 and order OHIM to register, as a Community trade mark, the mark consisting of the form of a bottle in respect of which the applicant, Research and Production Company MELT WATER UAB, has sought registration (application No 010 751 584);
            
         
               —
            
            
               award costs in favour of the applicant, Research and Production Company MELT WATER UAB;
            
         
               —
            
            
               order the defendant, OHIM, to produce the file concerning the action relating to that application for registration of a Community trade mark (application No 010 751 584).
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant.
   
      Community trade mark in respect of which registration is sought: a three-dimensional mark consisting of the form of a bottle, for goods in Class 32 — application No 010 751 584 for registration of a Community trade mark.
   
      Decision of the Examiner: application rejected.
   
      Decision of the Board of Appeal: appeal dismissed.
   
      Pleas in law: Articles 4 and 7(1)(b) of Council Regulation (EC) No 207/2009, together with the case-law of the European Union Courts.