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..
________________________1 OJ C 288, 23.10.2010.