(Case T-159/10)

Community trade mark – Application for Community figurative mark representing the shape of a parallelogram – 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 distinctive character – Distinctive character not acquired through use (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17, 30, 35)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 27 January 2010 (Case R 1018/2009-2) concerning an application for registration of a sign representing a parallelogram as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark, representing the shape of a parallelogram, for goods and services in Classes 9, 14, 16, 18, 21, 24, 25, 28, 35 to 39 and 41 to 45 – Application No 7576218

Decision of the Opposition Division:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Société Air France to pay the costs.