Court of Justice 19 May 2004, C-447/02 P (KWS Saat AG v European Union Intellectual Property Office.)

Opinion of the Advocate-General Opinion of the Advocate-General 1. This appeal has as its background an application to register a colour per se as a Community trade mark. It was brought by KWS Saat AG (2) against the judgment of the Court of First Instance of the European Communities of 9 October 2002 in KWS Saat v OHIM (shade of orange) .