Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 17 January 2007 – Georgia-Pacific v OHIM (Embossed motif)**

**(Case T-283/04)**

Community trade mark – Three-dimensional mark – Embossed motif – Refusal of registration – Distinctiveness – Article 7(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 52-56)

**Re:**

|  |
| --- |
| ACTION brought against the decision of the first Board of Appeal of OHIM of 11 May 2004 (Case R 493/2003‑1) regarding registration of a three-dimensional mark consisting of an embossed motif. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Georgia-Pacific Sàrl |
| Community trade mark sought: | Three-dimensional mark in the form of a kitchen-paper motif for goods in Class 16 – Application No 2101277 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
|  |  | Orders the applicant, Georgia-Pacific Sàrl, to pay the costs. |

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