Language of document :

Judgment of the General Court of 19 April 2013 – Adelholzener Alpenquellen v OHIM (Shape of a bottle with an embossed pattern)

(Case T-347/10) 1

(Community trade mark – Application for a three-dimensional Community trade mark – Shape of a bottle with an embossed pattern – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Lack of declaration as to the scope of the protection – Article 37(2) of Regulation No 207/2009 – Infringements of the rights of the defence – Second sentence of Article 75 of Regulation No 207/2009)

Language of the case: German

Parties

Applicant: Adelholzener Alpenquellen GmbH (Siegsdorf, Germany) (represented by: O. Rauscher and C. Onken, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: S. Schäffner and subsequently by: A. Schifko, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1516/2009-1) concerning an application for registration of a three-dimensional sign consisting of the shape of a bottle with an embossed pattern as a Community trade mark.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Adelholzener Alpenquellen GmbH to pay the costs..

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1     OJ C 288, 23.10.2010.