16The applicants contend that the Board of Appeal was wrong to find, at paragraph 21 of the contested decision in Case T-110/02, that, in order for a three-dimensional trade mark not to be refused registration under Article 7(1 )(b) of Regulation No 40/94, it must exhibit features that are sufficiently unusual and arbitrary, which are different from those that result from the type of goods or their marketing, and from the usual shape of the goods or their packaging. Contrary to the Board of Appeal's view, the Court of first Instance did not establish any such general criteria for assessing the distinctiveness of three-dimensional trade marks in its judgment in Case T-117/00 Proctor and Gamble v OHIM (Square white and pale green tablet) [2001] ECR II-2723). The Court's finding, at paragraph 73 of the judgment, that the Board of Appeal had been entitled in that case to apply such criteria does not mean that three-dimensional trade marks must in general exhibit a particular and striking shape by reference to the goods concerned.
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