||All England Reporter
|| All ER (D) 12 (May)
||Court of First Instance of the European Communities (Fourth Chamber)
Judges Tiili (President), Mengozzi and Vilaras
||30 April 2003
Trade marks - Community trade mark - Registration - Distinctiveness - Principle of equal treatment - Council Regulation (EC) 40/94, art 7(1)(b).
Decisions concerning registration of a sign as a Community trade mark were adopted in the exercise of circumscribed powers, and were not a matter of discretion. Accordingly, the registrability of a sign as a Community trade mark had to be assessed solely on the basis of the regulation, as interpreted by the Community courts, and not on the basis of a previous practice of the Boards of Appeal.
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