Judgment of the Court of First Instance (Second Chamber) of 30 November 2005 − Almdudler-Limonade v OHIM (Shape of a lemonade bottle)

(Case T-12/04)

Community trade mark – Three-dimensional mark – Shape of a lemonade bottle – Refusal to register – Article 7(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark – Shape of a lemonade bottle (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 36)

Re:

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.

Information relating to the case

Applicant for the Community trade mark:	Almdudler-Limonade A. & S. Klein
Community trade mark applied for:	Three-dimensional mark in the shape of a lemonade bottle – Application No 2193753
Decision of the examiner:	Refusal to register
Decision of the Board of Appeal:	Dismissal of the action

Operative part

The Court:

1. Dismisses the application;

2. Orders the applicant to pay the costs.