38Moreover, in paragraph 33 of judgment of 24 June 2004, Heidelberger Bauchemie (C‑49/02, EU:C:2004:384), the Court held that a graphic representation of two or more colours, designated in the abstract and without contours, must be systematically arranged in such a way that the colours concerned are associated in a predetermined and uniform way and noted, in paragraph 34 of that judgment, that the mere juxtaposition of two or more colours, without shape or contours, or a reference to two or more colours ‘in every conceivable form’, will not exhibit the qualities of precision and uniformity required by Article 4 of Regulation No 40/94 (now Article 4 of Regulation No 207/2009). As the Court explained in paragraph 35 of that judgment, such representations would allow numerous different combinations, which would not permit the consumer to perceive and recall a particular combination, thereby enabling him to make further purchases with certainty, any more than they would allow the competent authorities and economic operators to know the scope of the protection afforded to the proprietor of the trade mark.
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