Community trade mark Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) No 207/2009 Application for Community trade mark consisting in a vertical combination of the colours grey and red
Sumário
Judgment of the General Court (Eighth Chamber) of 12 November 2010.
Deutsche Bahn AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community trade mark consisting in a vertical combination of the colours grey and red - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009.
Case T-405/09.
Texto da decisão
Judgment of the General Court (Eighth Chamber) of 12 November 2010 – Deutsche Bahn v OHIM (Vertical combination of the colours grey and red)
(Case T-405/09)
Community trade mark – Application for Community trade mark consisting in a vertical combination of the colours grey and red – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 26, 28-37)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R-372/2009-1) concerning an application for registration of a colour sign, consisting in the combination of the colours grey and red, as a Community trade mark. |
Information relating to the case
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Applicant for the Community trade mark: |
Deutsche Bahn AG |
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Community trade mark sought: |
Trade mark consisting of the combination of the colours grey and red for services in Class 39 – Application No 6735401 |
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Decision of the examiner: |
Application refused |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
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1.Dismisses the action; |
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2. |
Orders Deutsche Bahn AG to pay the costs. |