CELEX: C2007/297/14
Language: en
Date: 2007-12-08 00:00:00
Title: Case C-144/06 P: Judgment of the Court (Eighth Chamber) of 4 October 2007 — Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (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)

8.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/10
            
         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)
   
   (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:
   
               1)
            
            
               Dismisses the appeal;
            
         
               2)
            
            
               Orders Henkel KGaA to pay the costs.
            
         
      (1)  OJ C 121, 20.5.2006.