Judgment of the General Court (First Chamber) of 19 April 2013 — Adelholzener Alpenquellen v OHIM (Shape of a bottle with an embossed pattern)
(Case T‑347/10)
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
1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Three-dimensional mark consisting in the shape of a bottle with an embossed pattern (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17, 22-41)
2. Community trade mark — Registration procedure — Examination of the application — Mark containing an element devoid of distinctive character — Power of the Office to demand a statement relating to that element — Scope (Council Regulation No 207/2009, Art. 37(2)) (see para. 48)
3. Community trade mark — Decisions of the Office — Observance of the rights of the defence — Scope of the principle (Council Regulation No 207/2009, Art. 75, second sentence) (see paras 53-56)
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
The Court:
2. | | Orders Adelholzener Alpenquellen GmbH to pay the costs. |