Source: EURLEX
Language: en
Format: md

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| 8.12.2007 | EN | Official Journal of the European Union | C 297/10 |

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

(Case C-144/06 P)[(1)](#ntr1-C_2007297EN.01001001-E0001)

(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)

(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 detergent 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:

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| 1) | Dismisses the appeal; |

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| 2) | Orders Henkel KGaA to pay the costs. |

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