CELEX: 62004TJ0398
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

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.