35Further, as to the applicant's argument based on earlier decisions of the Office to the effect that the shape of goods per se can be distinctive, it must be held that the basis for decisions of the Boards of Appeal on the registration of signs as Community trade marks is Regulation No 40/94. The legality of decisions of the Boards of Appeal must therefore be assessed purely by reference to that regulation, as interpreted by the Community Court, not to the practice of the Boards in earlier cases.
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