ECLI:EU:T:2003:53

«(Community trade mark – Three-dimensional mark – Shape of a product for dishwashers – Ovoid tablet – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94)» Summary of the Judgment 1.. Community trade mark – Appeals procedure – Appeals before the Community Courts – Application made at the hearing to restrict the list of goods and services contained in the trade-mark application refused – Interpreted as partial withdrawal – Alteration of the factual or legal context of the dispute heard by the Board of Appeal – Excluded (Rules of Procedure of the Court of First Instance, Art. 135(4); Council Regulation No 40/94, Art. 44; Commission Regulation No 2868/95, Art. 1, Rule 13) 2.. Community trade mark – Definition and acquisition of a Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Three-dimensional mark – Ovoid tablet (Council Regulation No 40/94, Art. 7(1)(b)) JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber)5 March 2003 (1) ((Community trade mark – Three-dimensional mark – Shape of a product for dishwashers – Ovoid tablet – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber), having regard to the written procedure and further to the hearing on 13 November 2002, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Second Chamber), Moura Ramos Pirrung Meij H. Jung R.M. Moura Ramos Registrar President 1 – Language of the case: English.