Action brought on 27 January 2014 – UAB MELT WATER v OHIM (Form of a bottle)

(Case T-70/14)

Language in which the application was lodged: Lithuanian

Parties

Applicant: Research and Production Company MELT WATER UAB (Klaipėda, Lithuania) (represented by V. Viešūnaitė, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should:

set aside the decision of the Fifth Board of Appeal of OHIM of 26 November 2013 in Case R 481/2013-5 and order OHIM to register, as a Community trade mark, the mark consisting of the form of a bottle in respect of which the applicant, Research and Production Company MELT WATER UAB, has sought registration (application No 010751584);

award costs in favour of the applicant, Research and Production Company MELT WATER UAB;

order the defendant, OHIM, to produce the file concerning the action relating to that application for registration of a Community trade mark (application No 010751584).

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark in respect of which registration is sought: a three-dimensional mark consisting of the form of a bottle, for goods in Class 32 – application No 010751584 for registration of a Community trade mark.

Decision of the Examiner: application rejected.

Decision of the Board of Appeal: appeal dismissed.

Pleas in law: Articles 4 and 7(1)(b) of Council Regulation (EC) No 207/2009, together with the case-law of the European Union Courts.