CELEX: 62004TJ0398
Language: en
Date: 2006-01-17 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 17 January 2006. # Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-398/04.

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.