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Case T-70/14: Judgment of the General Court of 14 January 2015 — Melt Water v OHIM (Shape of a transparent cylindrical bottle) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a transparent cylindrical bottle — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62014TA0070
62014TA0070
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23.2.2015
Official Journal of the European Union
C 65/34
(Case T-70/14)(1)
((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a transparent cylindrical bottle - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2015/C 065/47)
Language of the case: 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) (represented by: V. Melgar, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 26 November 2013 (Case R 481/2013-5), concerning an application for registration of a three-dimensional sign comprising the shape of a transparent cylindrical bottle as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Research and Production Company ‘Melt Water’ UAB to pay the costs.
(1) OJ C 112, 14.4.2014.