29The Office states, first, that the mark applied for in the present case is a figurative mark consisting of a faithful representation of the product's shape. The representation of the mark supplied by the applicant in this case is not distinguishable in any way from that at issue in Case T-335/99 (three-dimensional mark in the form of a rectangular red and white tablet). It is thus important, at the outset, to define the criteria governing the registration of three-dimensional marks, and, next, to ascertain whether those criteria are different when the representation of the product is not claimed as a three-dimensional mark but as a figurative mark and whether, as a consequence, the assessment of distinctive character must be carried out by reference to less stringent requirements. It explains the principles governing the registration of three-dimensional marks, referring to the various grounds for refusal which may come into play in that context.
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