JUDGMENT OF THE COURT

(First Chamber)

of 30 June 2005

in Case C-286/04 P: Eurocermex SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Appeal - Community trade mark - Article 7(1)(b) and (3) of Regulation (EC) No 40/94 - Three-dimensional shape of a long-neck bottle in the neck of which a slice of lemon has been plugged - Absolute ground for refusal - Distinctive character)

(2005/C 205/09)

Language of the case: French

In Case C-286/04 P, appeal under Article 56 of the Statute of the Court of Justice, brought on 29 June 2004, Eurocermex SA, established in Evere (Belgium), represented by A. Bertrand, lawyer, appellant, the other party to the proceedings being: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Rassat, acting as Agent, defendant at first instance — the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Lenaerts, K. Schiemann, E. Juhász and M. Ilešič (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 30 June 2005, in which it:

(1)  OJ C 217 of 28.08.2004