Judgment of the Court of First Instance (Third Chamber) of 4 October 2006.#Freixenet SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Shape of a frosted matt black bottle - Absolute ground of refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character - Infringement of the rights of the defence - Article 73 of Regulation No 40/94.#Case T-188/04.

Subject of the case

Re:

ACTION for annulment of the decision of the Fourth Board of Appeal of OHIM of 11 February 2004 (Case R 104/2001-4) concerning registration of a mark in the form of a frosted matt black bottle as a Community trade mark.

Information relating to the case

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Operative part

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 February 2004 (Case R 104/2001-4);

2. Dismisses the remainder of the action;

3. Orders OHIM to bear its own costs and to pay those of the applicant.