Source: EURLEX
Language: en
Format: md

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| 20.11.2004 | EN | Official Journal of the European Union | C 284/3 |

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JUDGMENT OF THE COURT

(Second Chamber)

of 23 September 2004

in Case C-107/03 P: Procter & Gamble Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2004284EN.01000302-E0001)

(Appeal - Community trade mark - Article 7(1)(b) of Regulation (EC) No 40/94 - Three-dimensional soap-bar shape - Absolute ground for refusal to register - Distinctiveness)

(2004/C 284/06)

Language of the case: French

In Case C-107/03 P: appeal brought on 27 February 2003 under Article 56 of the Statute of the Court of Justice by Procter & Gamble Company, established in Cincinnati (United States), (lawyer: T. van Innis) the other party to the proceedings being the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: O. Montalto and I. de Medrano Caballero) — the Court (Second Chamber), composed of: C.W.A. Timmermanns, President of the Chamber, C. Gulmann, J.-P. Puissochet, J.N. Cunha Rodrigues and F. Macken (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 23 September 2004, in which it:

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| 1. | Dismisses the appeal; |

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| 2. | Orders Procter & Gamble Company to pay the costs. |

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