Source: EURLEX
Language: en
Format: md

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| 23.10.2004 | EN | Official Journal of the European Union | C 262/34 |

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Action brought on 9 July 2004 by Georgia-Pacific S.A.R.L. against the Office for Harmonisation in the Internal Market (OHIM)

(Case T-283/04)

(2004/C 262/66)

Language of the case: French

An action against the Office for Harmonisation in the Internal Market (OHIM) was brought before the Court of First Instance of the European Communities on 9 July 2004 by Georgia-Pacific S.A.R.L., established in Luxembourg, represented by R. Delorey, lawyer.

The applicant claims that the Court should:

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| — | annul and alter the decision of the First Board of Appeal of the Office in so far as it held that the mark applied for under No 2 101 277 was devoid of distinctive character throughout the Community in relation to ‘rolls of paper for household use, kitchen towels, hand towels of paper’ and, when giving a new ruling, hold that the mark refused is distinctive. |

Pleas in law and main arguments:

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| Community trade mark sought: | Three-dimensional mark in the form of a design for kitchen towels. |
| Goods or services: | Goods in Class 16 (rolls of paper for household use, kitchen towels, hand towels of paper) — Application No 2 101 277. |
| Decision contested before the Board of Appeal: | Refusal to register by the examiner. |
| Decision of the Board of Appeal: | Dismissal of the appeal. |
| Pleas in law: | The contested decision infringes Article 7(1) of Regulation (EC) No 40/94.  The sign is clearly capable of being represented graphically for the purposes of Article 7(1)(a) and Article 4 of the Regulation.  The sign is not descriptive or customary and does not consist of a shape resulting from the natureof the goods.  The sign is sufficiently distinctive to satisfy the requirements of Article 7(1)(b) of the Regulation. |

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