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Document 62004TJ0398

    Judgment of the Court of First Instance (Second Chamber) of 17 January 2006.
    Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Figurative mark - Red and white rectangular tablet with an oval blue centre - Absolute ground for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Absence of distinctive character.
    Case T-398/04.

    European Court Reports 2006 II-00006*

    ECLI identifier: ECLI:EU:T:2006:19





    Judgment of the Court of First Instance (Second Chamber) of 17 January 2006 − Henkel v OHIM

    (Case T-398/04)

    Community trade mark – Figurative mark – Red and white rectangular tablet with an oval blue centre – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 – Absence of distinctive character

    Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 37-39)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 4 August 2004 (Case R 771/1999-2), in relation to the registration of a figurative mark consisting of the representation of a rectangular tablet

    Information relating to the case:

    Applicant for the Community trade mark:

    Henkel KGaA

    Community trade mark sought:

    Figurative mark consisting of a red and white rectangular dish-washer tablet with an oval blue centre for goods in Classes 1 (chemicals used in industry), 3 (soaps, etc.) and 21 (sponges, etc.) – Application No 941 971

    Proprietor of the mark or sign cited in the opposition proceedings:

    –

    Mark or sign cited in opposition:

    –

    Decision of the Opposition Division:

    Refusal to register by the examiner

    Decision of the Board of Appeal:

    Dismissal of the appeal


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders the applicant to pay the costs.

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