||All England Reporter
|| All ER (D) 158 (Nov)
||Court of First Instance of the European Communities (Fourth Chamber)
Judges Legal (President), Tiili and Vilaras
||10 November 2004
Trade marks - Community trade mark - Registration - Absolute ground for refusal - Figurative mark representing form of twisted wrapper - Distinctive character in consequence of use - Council Regulation (EC) 40/94, arts 7(1)(b), 7(3), 73(1), 74(1).
Where the applicant had filed an application for registration of a Community trade mark under Council Regulation (EC) 40-94 (on the Community trade mark) in respect of the representation in perspective of a twisted wrapper (shape of a sweet wrapper), the respondent had been entitle to refuse registration the ground that the mark applied for was devoid of any distinctive character within the meaning of art7(1)(b) of the regulation, and that the mark had not become distinctive in consequence of the use made of it, within the meaning of art7(3) of the regulation.
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