ECLI:EU:T:2004:27

«(Community trade mark – Three-dimensional mark – Form of drinks packaging – Stand-up pouch – Absolute grounds for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 – Need to preserve a sign's availability)» Summary of the Judgment 1.. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Risk of a monopoly being created in a sign – No exclusive link with a specific ground for refusal (Council Regulation No 40/94, Art. 7(1)(b) to (e)) 2.. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Signs devoid of any distinctive character – Three-dimensional mark consisting of the get-up of the product – Interest in that get-up remaining available – Effect (Council Regulation No 40/94, Art. 7(1)(b)) 3.. Community trade mark – Definition and acquisition of the Community trade mark – Signs capable of constituting a mark – Packaging of the product concerned – Vital for the sale of liquid products – Distinctive character – Requirement – Sign to be immediately perceived by the consumer as an indication of commercial origin (Council Regulation No 40/94, Art. 7(1)(b)) 4.. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Signs devoid of any distinctive character – Three-dimensional mark – Shape of drinks packaging – Standard appearance (Council Regulation No 40/94, Art. 7(1)(b)) JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber) 28 January 2004 (1) ((Community trade mark – Three-dimensional mark – Form of drinks packaging – Stand-up pouch – Absolute grounds for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 – Need to preserve a sign's availability)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber), having regard to the applications lodged at the Registry of the Court of First Instance on 8 May 2002,having regard to the order of 9 July 2002 by which Cases T-146/02 to T-153/02 were joined,having regard to the response lodged at the Court Registry on 20 September 2002,further to the hearing on 23 September 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Second Chamber) Forwood Pirrung Meij H. Jung J. Pirrung Registrar President 1 – Language of the case: German.