(Joined Cases T-253/09 and T-254/09)

Community trade mark – Application for a three-dimensional Community trade mark – Faceted casing of an electric motor – Application for a Community trade mark representing green facets – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 7(1)(b)) (see paras 29, 42)

Re:

Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 March 2009 (Cases R 1184/2008-1 and R 1196/2008-1) concerning applications for registration of a three-dimensional sign consisting of the shape of faceted casing of an electric motor and a figurative sign representing green facets.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Three-dimensional mark representing the casing of a motor of a heating pump for goods in Classes 7 and 11 and a figurative mark representing green facets for goods in Classes 7, 9 and 11 – Application Nos 5805692 and 5620001

Decision of the examiner:

Registrations refused

Decision of the Board of Appeal:

Appeals dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Wilo SE to pay the costs.