Court of Justice 19 February 2004, C-498/01 P (Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v Zapf Creation AG.)

Opinion of the Advocate-General Opinion of the Advocate-General 1. In the present appeal, (2) the issue is essentially whether the term ‘New Born Baby’ may be registered as a Community trade mark for dolls and their accessories, or whether it must be refused registration on the ground that it consists exclusively of indications which may be used in trade to designate characteristics of such goods