Judgment of the Court of First Instance of 5 May 2009 - Rotter v OHIM (Shape of an arrangement of sausages)
(Community trade mark - Application for a three-dimensional Community trade mark - Shape of an arrangement of sausages - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
Language of the case: German
Parties
Applicant: Thomas Rotter (Munich, Germany) (represented by: M. Müller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 September 2007 (Case R 1415/2006-4) relating to the registration of a three-dimensional sign representing an arrangement of sausages as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Mr Thomas Rotter to pay the costs.
____________1 - OJ C 37, 9.2.2008.