ECLI:EU:T:2010:163•Judgment of the General Court (Third Chamber) of 27 April 2010.#Freixenet, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Application for a Community trade mark representing a frosted black matt 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).#Case T-110/08.
Judgment of the General Court (Third Chamber) of 27 April 2010.#Freixenet, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Application for a Community trade mark representing a frosted black matt 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).#Case T-110/08.
ECLI:EU:T:2010:163Eu Chamb 03 TApr 27, 2010
Full text
Subject of the case
Operative part
Subject of the case
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 20 November 2007 (Case R 104/2001-1) concerning an application for registration of a sign representing a frosted black matt bottle as a Community trade mark.
Information relating to the case
>lt>6
Operative part
Operative part
The Court:
1. Dismisses the action;
2. Orders Freixenet, SA to pay the costs.
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