Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 17 January 2006 − Henkel v OHIM**

**(Case T-398/04)**

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

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 37-39)

**Re:**

|  |  |
| --- | --- |
|  | 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 |

**Information relating to the case**:

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Henkel KGaA |
| Community trade mark sought: | Figurative mark consisting of a red and white rectangular dish-washer tablet with an oval blue centre for goods in Classes 1 (chemicals used in industry), 3 (soaps, etc.) and 21 (sponges, etc.) – Application No 941 971 |
| Proprietor of the mark or sign cited in the opposition proceedings: | – |
| Mark or sign cited in opposition: | – |
| Decision of the Opposition Division: | Refusal to register by the examiner |
| Decision of the Board of Appeal: | Dismissal of the appeal |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

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

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