Judgments (Information) nº T-398/04 of Court of First Instance of the European Communities, January 17, 2006

• Resolution Date: January 17, 2006
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: 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:

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Decision of...