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Case T-347/10: Judgment of the General Court of 19 April 2013 — Adelholzener Alpenquellen v OHIM (Shape of a bottle with an embossed pattern) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a bottle with an embossed pattern — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of declaration as to the scope of the protection — Article 37(2) of Regulation No 207/2009 — Infringements of the rights of the defence — Second sentence of Article 75 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62010TA0347
62010TA0347
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Official Journal of the European Union
C 156/38
(Case T-347/10)(<span class="super">1</span>)
(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a bottle with an embossed pattern - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Lack of declaration as to the scope of the protection - Article 37(2) of Regulation No 207/2009 - Infringements of the rights of the defence - Second sentence of Article 75 of Regulation No 207/2009)
2013/C 156/67
Language of the case: German
Parties
Applicant: Adelholzener Alpenquellen GmbH (Siegsdorf, Germany) (represented by: O. Rauscher and C. Onken, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: S. Schäffner and subsequently by: A. Schifko, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1516/2009-1) concerning an application for registration of a three-dimensional sign consisting of the shape of a bottle with an embossed pattern as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Adelholzener Alpenquellen GmbH to pay the costs..
(<span class="super">1</span>) OJ C 288, 23.10.2010.