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