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Case T-109/08: Judgment of the General Court of 27 April 2010 — Freixenet v OHIM (Shape of a frosted white bottle) (Community trade mark — Application for a Community trade mark representing a frosted white bottle — Absolute ground for refusal — Lack of distinctive character — No distinctive character acquired through use — Article 7(1)(b) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009) — Obligation to state reasons — Rights of the defence — Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))
ECLI:EU:UNKNOWN:62008TA0109
62008TA0109
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19.6.2010
Official Journal of the European Union
C 161/39
(Case T-109/08) (*)
(Community trade mark - Application for a Community trade mark representing a frosted white bottle - Absolute ground for refusal - Lack of distinctive character - No distinctive character acquired through use - Article 7(1)(b) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009) - Obligation to state reasons - Rights of the defence - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))
(2010/C 161/60)
Language of the case: French
Parties
Applicant: Freixenet, SA (Sant Sadurní d’Anoia, Spain) (represented by: F. de Visscher, E. Cornu and D. Moreau, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 30 November 2007 (Case R 97/2001-1) concerning an application for registration of a sign representing a frosted white bottle as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Freixenet, SA to pay the costs.
(*)
Language of the case: French
ECLI:EU:C:2010:140