Case C-144/06 P: Judgment of the Court (Eighth Chamber) of 4 October 2007 — Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Refusal to register — Figurative mark — Representation of a red and white rectangular tablet with an oval blue centre — Distinctive character)
Date: 2007-12-08
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, polishing and scouring preparations, trade-mark law

C 297/10

EN

Official Journal of the European Union

8.12.2007

Party in the main proceedings

Judgment of the Court (Eighth Chamber) of 4 October
2007 — Henkel KGaA v Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Gerda Möllendorf, Christiane Möllendorf-Niehuus

(Case C-144/06 P) (1)

Re:

Reference for a preliminary ruling — Kammergericht Berlin —
Interpretation of Articles 2(3) and 4(1) of Council Regulation
(EC) No 881/2002 of 27 May 2002 imposing certain specific
restrictive measures directed against certain persons and entities
associated with Usama bin Laden, the Al-Qaida network and the
Taliban, and repealing Council Regulation (EC) No 467/2001
prohibiting the export of certain goods and services to Afghani-
stan, strengthening the flight ban and extending the freeze of
funds and other financial resources in respect of the Taliban of
Afghanistan (OJ 2002 L 139, p. 9) — Prohibition on making
economic resources available to persons listed in Annex I —
Refusal of the registration in the Land Register necessary for the
transfer of ownership of a property following a contract of sale
concluded prior to listing of the buyer in Annex I.

Operative part of the judgment

certain

specific

restrictive measures

In a situation where both the contract for the sale of immovable prop-
erty and the agreement on transfer of ownership of that property have
been concluded before the date on which the buyer is included in the
list in Annex I to Council Regulation (EC) No 881/2002 of 27 May
2002 imposing
directed
against certain persons and entities associated with Usama bin Laden,
the Al-Qaida network and the Taliban, and repealing Council Regu-
lation (EC) No 467/2001 prohibiting the export of certain goods and
services to Afghanistan, strengthening the flight ban and extending
the freeze of
the
Taliban of Afghanistan, as amended by Council Regulation (EC)
No 561/2003 of 27 March 2003, and where the sale price has also
been paid before that date, Article 2(3) of Regulation No 881/02, as
amended by Regulation No 561/2003, must be interpreted as prohi-
biting the final registration,
in performance of that contract, of the
transfer of ownership in the Land Register subsequent to that date.

funds and other financial resources in respect of

(1) OJ C 108, 6.5.2006.

(Appeal — Community trade mark — Regulation (EC)
No 40/94 — Article 7(1)(b) — Refusal to register — Figura-
tive mark — Representation of a red and white rectangular
tablet with an oval blue centre — Distinctive character)

(2007/C 297/14)

Language of the case: German

Parties

Appellant: Henkel KGaA (represented by: C. Osterrieth,
Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: G.
Schneider, Agent)

Re:

Appeal brought against the judgment of
the Court of First
Instance (Second Chamber) of 17 January 2006 in Case
T-398/04 Henkel KGaA v OHIM,
in which the Court of First
Instance rejected the application for annulment of the decision
to refuse the registration of a three-dimensional mark for deter-
gent products in the form of a red and white rectangular tablet
with an oval blue centre — Three-dimensional mark consisting
of the shape of the product — Distinctive character of the mark

Operative part of the judgment

The Court:

1) Dismisses the appeal;

2) Orders Henkel KGaA to pay the costs.

(1) OJ C 121, 20.5.2006.