Source: EURLEX
Language: en
Format: md

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| 25.3.2006 | EN | Official Journal of the European Union | C 74/18 |

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Judgment of the Court of First Instance of 17 January 2006 — Henkel v OHIM

(Case T-398/04)[(1)](#ntr1-C_2006074EN.01001802-E0001)

(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)

(2006/C 74/36)

Language of the case: German

Parties:

Applicant: Henkel KGaA (Dusseldorf, Germany) (represented by: C. Osterrieth, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially D. Schennen, subsequently D. Schennen and G. Schneider, Agents)

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

Operative part of the judgment

The Court:

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| 1. | Dismisses the application. |

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| 2. | Orders the applicant to pay the costs. |

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