Source: All England Reporter
Publisher Citation: [2002] All ER (D) 119 (Oct)
Court: Court of First Instance of the European Communities (Second Chamber)

Judges Moura Ramos (President), Pirrung and Meij

Judgment Dates: 9 October 2002


European Community - Trade marks - Community trade mark - Examiner refusing to register shade of orange with standard reference HKS7 as Community trade mark - Applicant appealing against examiner's decision - Examiner's decision upheld - Applicant contending shade of orange capable of distinguishing goods and services - Whether shade of orange capable of being distinctive - Council Regulation (EC) 40/94, art 7(1)(b).

The Case

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