Cases T-2/05 and T-3/05 – Reckitt Benckiser N.V. v. OHIM – 3D washing tablet: In April 2004, the European Court of Justice (ECJ) issued several decisions regarding registrability of three-dimensional tablets for various classes of products, including dishwasher and washing machine tablets. In this particular instance the rectangular detergent tablets consisted of two layers being either red and white or green and white (Henkel KgaA) and tablets being white and pale green or square tablets in white with speckles variously colored and square or rectangular tablets with inlays (Procter & Gamble Company). The OHIM had refused registration of the applications on the grounds of lack of distinctive character. The Court of First Instance confirmed the findings. In the final decision appeals of the applicants were dismissed. In fact, the more closely the shape resembles that most likely to be adopted by the product in question, the greater the likelihood of the shape being devoid of distinctive character. This was the case for the cases at issue. Updated April 2005: Cases R 978/2002-2 and R 979 2002 Appeal against the decision of the Board. Cases confirm refusal of registration.
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