15The applicants argue, first, relying on paragraph 44 of the judgment of the Court of First Instance in Case T-335/99 Henkel v OHIM (Rectangular red and white tablet) [2001] ECR II-2581, that a minimum degree of distinctive character is sufficient in order for a trade mark to be registrable. They also claim that Article 7(1 )(b) of Regulation No 40/94 does not distinguish between different categories of trade marks, so that the criteria for assessing the distinctive character of three-dimensional shape of goods marks are no different from those applicable to other categories of trade mark.
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