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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.
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.
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. |