CELEX: 62004TJ0283
Language: en
Date: 2007-01-17
Title: Judgment of the Court of First Instance (First Chamber) of 17 January 2007. # Georgia-Pacific Sàrl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Three-dimensional mark - Embossed motif - Refusal of registration - Distinctiveness - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-283/04.

Judgment of the Court of First Instance (First Chamber) of 17 January 2007 – Georgia-Pacific v OHIM (Embossed motif)
      (Case T-283/04)
      Community trade mark – Three-dimensional mark – Embossed motif – Refusal of registration – Distinctiveness – Article 7(1)(b) of Regulation (EC) No 40/94
      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 52-56)
      Re:
      
         ACTION brought against the decision of the first Board of Appeal of OHIM of 11 May 2004 (Case R 493/2003‑1) regarding registration
                  of a three-dimensional mark consisting of an embossed motif.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Georgia-Pacific Sàrl
            
         
               Community trade mark sought:
            
            
               Three-dimensional mark in the form of a kitchen-paper motif for goods in Class 16 – Application No 2101277
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant, Georgia-Pacific Sàrl, to pay the costs.