Community trade mark Refusal of registration dimensional mark Article 7(1)(b) of Regulation (EC) No 40/94 Three Embossed motif Distinctiveness
Sumário
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.
Texto da decisão
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
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Applicant for the Community trade mark: |
Georgia-Pacific Sàrl |
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Community trade mark sought: |
Three-dimensional mark in the form of a kitchen-paper motif for goods in Class 16 – Application No 2101277 |
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Decision of the examiner: |
Registration refused |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
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Dismisses the action; |
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Orders the applicant, Georgia-Pacific Sàrl, to pay the costs. |