Judgment of the Court of First Instance of 30 November 2005 - Almdudler-Limonade v OHIM
(Community trade mark - Three-dimensional mark - Shape of a lemonade bottle - Refusal to register - Article 7(1)(b) of Regulation (EC) No 40/94)
Language of the case: German
Parties:
Applicant : Almdudler-Limonade A. & S. Klein (Vienna, Austria) (represented by: G. Schönherr, lawyer)
Defendant : Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Action
brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 5 November 2003 (Case R 490/2003-2) in relation to the registration of a three-dimensional mark in the shape of a lemonade bottle
Operative part of the judgment
The Court:
1. Dismisses the application;
2. Orders the applicant to pay the costs.
____________1 - OJ C 106, 30.4.2004.