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Judgment of the General Court (First Chamber) of 14 June 2012. # Seven Towns Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community mark representing seven squares of different colours - Sign of which a Community trade mark may consist - Article 4 of Regulation (EC) No 207/2009. # Case T-293/10.
ECLI:EU:T:2012:302
62010TJ0293
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(Case T-293/10)
Community trade mark — Application for Community mark representing seven squares of different colours — Sign of which a Community trade mark may consist — Article 4 of Regulation (EC) No 207/2009
1.Community trade mark — Registration procedure — Publication of the application — Measure not guaranteeing registration of the trade mark (Council Regulation 207/2009, Arts 37 and 39(2)) (see paras 33, 35, 36)
2.Community trade mark — Appeals procedure — Decision on the appeal — Exercise by the Board of Appeal of the powers of the examiner — Obligation to respect the rights of the defence (Council Regulation No 207/2009, Arts 37(3), 64(1), and 75) (see paras 42, 43)
3.Community trade mark — Definition and acquisition of the Community trade mark — Signs capable of constituting a mark — Colours or combinations of colours — Conditions (Council Regulation No 207/2009, Art. 4) (see para. 50)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 1475/2009-1), concerning an application for registration of a sign representing seven squares of different colours as a Community mark.
Operative part
The Court:
1.Dismisses the action;
2.Orders each party to bear its own costs.