(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:

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.