Judgment of the Court of First Instance of 15 March 2006 - Develey v OHIM
(Community trade mark - Three-dimensional mark - Shape of a plastic bottle - Refusal of registration - Absolute ground of refusal - Lack of distinctive character - Earlier national trade mark - Paris Convention - TRIPs Agreement - Article 7(1)(b) of Regulation (EC) No 40/94)
Language of the case: German
Parties:
Applicant: Develey Holding GmbH & Co. Beteiligungs KG (Unterhaching, Gemany) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Action
for annulment of the decision of the Second Board of Appeal of OHIM of 20 January 2004 (Case R 367/2003-2) rejecting the application for registration as a Community trade mark of a three-dimensional sign in the form of a bottle.
Operative part of the judgment
The Court:
Dismisses the action.
Orders the applicant to pay the costs.
____________1 - OJ C 168, 26.6.2004.