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Document 62004TJ0283

    Judgment of the Court of First Instance (First Chamber) of 17 January 2007.
    Georgia-Pacific Sàrl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Three-dimensional mark - Embossed motif - Refusal of registration - Distinctiveness - Article 7(1)(b) of Regulation (EC) No 40/94.
    Case T-283/04.

    European Court Reports 2007 II-00003*

    ECLI identifier: ECLI:EU:T:2007:10





    Judgment of the Court of First Instance (First Chamber) of 17 January 2007 – Georgia-Pacific v OHIM (Embossed motif)

    (Case T-283/04)

    Community trade mark – Three-dimensional mark – Embossed motif – Refusal of registration – Distinctiveness – Article 7(1)(b) of Regulation (EC) No 40/94

    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 52-56)

    Re:

    ACTION brought against the decision of the first Board of Appeal of OHIM of 11 May 2004 (Case R 493/2003‑1) regarding registration of a three-dimensional mark consisting of an embossed motif.

    Information relating to the case

    Applicant for the Community trade mark:

    Georgia-Pacific Sàrl

    Community trade mark sought:

    Three-dimensional mark in the form of a kitchen-paper motif for goods in Class 16 – Application No 2101277

    Decision of the examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

     

    Dismisses the action;

     

    Orders the applicant, Georgia-Pacific Sàrl, to pay the costs.

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