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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Rotter v OHMI (Forme d'un assemblage de saucisses) (Intellectual property) [2009] EUECJ T-449/07 (05 May 2009) URL: https://www.bailii.org/eu/cases/EUECJ/2009/T44907.html Cite as: [2009] EUECJ T-449/7, [2009] EUECJ T-449/07 |
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(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)
In Case T-49/07,
Thomas Rotter, residing in Munich (Germany), represented by M. Müller, lawyer,
applicant,
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by G. Schneider, acting as Agent,
defendant,
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,
composed of I. Pelikánová, President, K. Jürimäe (Rapporteur) and S. Soldevila Fragoso, Judges,
Registrar: T. Weiler, Administrator,
having regard to the application lodged at the Registry of the Court of First Instance on 3 December 2007,
having regard to the response lodged at the Registry of the Court on 8 April 2008,
further to the hearing on 14 January 2009,
gives the following
Background to the dispute
Class 29: 'Meat, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; milk and milk products; charcuterie; potato products';
Class 30: 'Sugar, rice, preparations made from cereals';
Class 43: 'Providing of food and drink; temporary accommodation'.
Forms of order sought by the parties
annul the contested decision;
order OHIM to pay the costs, including those incurred in the appeal proceedings.
dismiss the appeal;
order the applicant to pay the costs.
Law
Arguments of the parties
Findings of the Court
Costs
On those grounds,
hereby:
1. Dismisses the action;
2. Orders Mr Thomas Rotter to pay the costs.
Pelikánová |
Jürimäe |
Soldevila Fragoso |
Delivered in open court in Luxembourg on 5 May 2009.
[signatures]
* Language of the case: German.