70Fourth, the application, in the present case, by the Board of Appeal of the judgment of 24 June 2004, Heidelberger Bauchemie (C‑49/02, EU:C:2004:384) does not, contrary to the submissions of the applicant and the intervening association, amount to a denial of the existence or registrability of that type of trade mark, contrary to Article 4 of Regulation No 207/2009, as amended by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Regulation No 207/2009 and Regulation No 2868/95, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OJ 2015 L 341, p. 21), according to which an EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of (i) distinguishing the goods or services of one undertaking from those of other undertakings; and (ii) being represented on the Register of EU trade marks in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor. However, that regulation is applicable only from 1 October 2017.
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