It is clear from Article 4 CTMR that the shape of goods may be registered as a Community trade mark, provided that the shape displays certain features that are sufficiently unusual and arbitrary to enable the relevant consumers to recognize the product, purely on the basis of its appearance, as emanating from a specific undertaking. As the appellant has pointed out, the products claimed in the application were, until recently, traditionally sold in powder or liquid form. The practice of selling such products in solid form, in the shape of tablets, is now becoming increasingly common. From the consumer's point of view, solid-form detergents for washing machines or dishwashers present certain advantages in comparison with powder or liquid detergents. Instead of pouring the required amount of powder or liquid into a container, the user simply takes one or more tablets from the packet and places them in the machine.
Tablets are thus easier to use.
The appellant cannot claim that it alone should be entitled to sell Class 3 detergent products in solid form. The appellant's competitors must also remain free to make such products in the form of tablets. That freedom must include the right to use the simplest and most basic geometrical shapes, such as cubes, spheres and disks. There is clearly a strong interest in keeping such shapes available for use by all traders. There is a corresponding interest in keeping the basic colours available for use by all, since the basic colours are often the most appealing to the eye.