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Case T-66/13: Judgment of the General Court of 16 July 2014 — Langguth Erben v OHIM (Shape of an alcoholic beverage bottle) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of an alcoholic beverage bottle — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and (2), Article 75, Article 76(1) and Article 77 of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62013TA0066
62013TA0066
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Official Journal of the European Union
C 292/41
(Case T-66/13) (1)
((Community trade mark - Application for a three-dimensional Community trade mark - Shape of an alcoholic beverage bottle - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) and (2), Article 75, Article 76(1) and Article 77 of Regulation (EC) No 207/2009)
2014/C 292/50
Language of the case: German
Parties
Applicant: Franz Wilhelm Langguth Erben GmbH & Co. KG (Traben-Trarbach, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Marten, G. Schneider and D. Walicka, Agents)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 22 November 2012 (Case R 129/2012-1), concerning an application for registration of a three-dimensional sign comprising the shape of an alcoholic beverage bottle as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Franz Wilhelm Langguth Erben GmbH & Co. KG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
(1) OJ C 108, 13.4.2013.