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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.
ECLI:EU:T:2007:10
62004TJ0283
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(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:
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.