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Judgment of the Court of First Instance (Second Chamber) of 30 November 2005. # Almdudler-Limonade A. & S. Klein v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Three-dimensional mark - Shape of a lemonade bottle - Refusal to register - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-12/04.
ECLI:EU:T:2005:434
62004TJ0012
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(Case T-12/04)
Community trade mark – Three-dimensional mark – Shape of a lemonade bottle – Refusal to register – Article 7(1)(b) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark – Shape of a lemonade bottle (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 36)
Re:
ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 5 November 2003 (Case R 490/2003-2) in relation to the registration of a three-dimensional mark in the shape of a lemonade bottle.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark applied for:
Three-dimensional mark in the shape of a lemonade bottle – Application No 2193753
Decision of the examiner:
Decision of the Board of Appeal:
Dismissal of the action
Operative part
The Court:
Dismisses the application;
Orders the applicant to pay the costs.