General Court 12-07-2012 ECLI:EU:T:2012:376

Data

Court: General Court

Case date: 12 juli 2012

Verdict

Judgment of the General Court (Sixth Chamber) of 12 July 2012 — Unión de Cervecerías Peruanas Backus y Johnston v OHIM (shape of a bottle)

(Case T-323/11)

"Community trade marks - Absolute grounds for refusal - Application for a three-dimensional trade mark - Shape of a bottle - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009"

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterConcept (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 12)

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterAssessment of distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 13)

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterThree-dimensional mark consisting in the shape of a bottle (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 14, 32, 33)

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterThree-dimensional marks consisting in the shape of the productDistinctive characterCriteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15-17)

Community trade markDefinition and acquisition of the Community trade markPrior registration of the trade mark in certain Member StatesEffect (see para. 35)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 March 2011 (Case R 2238/2010-2) concerning an application for registration of a three-dimensional sign consisting in the shape of a bottle as a Community trade mark.

Operative part

The Court:

Dismisses the action;

Orders the Unión de Cervecerías Peruanas Backus y Johnston SAA to pay the costs.