Official Journal of the European Union

C 141/39

Judgment of the Court of First Instance of 5 May 2009 — Rotter v OHIM (Shape of an arrangement of sausages)

(Case T-449/07) (1)

(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)

2009/C 141/80

Language of the case: German


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)


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:


Dismisses the action;


Orders Mr Thomas Rotter to pay the costs.

(1)  OJ C 37, 9.2.2008.