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Judgment of the General Court of 27 April 2010 - Freixenet v OHIM (Shape of a frosted black matt bottle)
(Community trade mark - Application for a Community trade mark representing a frosted black matt bottle - Absolute ground for refusal - Lack of distinctive character - No distinctive character acquired through use - Article 7(1)(b) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009) - Obligation to state reasons - Rights of the defence - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))
Language of the case: French
Parties
Applicant: Freixenet, SA (Sant Sadurní d'Anoia, Spain) (represented by: F. de Visscher, E. Cornu and D. Moreau, lawyers
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 20 November 2007 (Case R 104/2001-1) concerning an application for registration of a sign representing a frosted black matt bottle as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Freixenet, SA to pay the costs.
____________1 - OJ C 116, 9.5.2008.