The Court of First Instance has recalled that a Community trade mark may consist of the shape of goods or of their packaging provided it is capable of distinguishing one company's goods from another's. Trade marks which are devoid of any distinctive character cannot therefore be registered. On these grounds, the Court moved on November 10 to reject an appeal lodged by a sweets manufacturer against a decision by the Office for Harmonisation in the Internal Market (OHIM) not to register a trade mark (cases T-396/02 and T-402/02).
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