ECLI:EU:T:2007:10

Judgment of the Court of First Instance (First Chamber) of 17 January 2007 – Georgia-Pacific v OHIM (Embossed motif) (Case T-283/04) Community trade mark – Three-dimensional mark – Embossed motif – Refusal of registration – Distinctiveness – Article 7(1)(b) of Regulation (EC) No 40/94 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 52-56) Re: ACTION brought against the decision of the first Board of Appeal of OHIM of 11 May 2004 (Case R 493/2003‑1) regarding registration of a three-dimensional mark consisting of an embossed motif. Information relating to the case Applicant for the Community trade mark: Georgia-Pacific Sàrl Community trade mark sought: Three-dimensional mark in the form of a kitchen-paper motif for goods in Class 16 – Application No 2101277 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: Dismisses the action; Orders the applicant, Georgia-Pacific Sàrl, to pay the costs.