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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 horizontal 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-404/09.
ECLI:EU:T:2010:466
62009TJ0404
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(Case T-404/09)
Community trade mark – Application for Community trade mark consisting in a horizontal 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-379/2009-1) 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
Applicant for the Community trade mark:
Community trade mark sought:
Trade mark consisting of the combination of the colours grey and red for services in Class 39 – Application No 6733315
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Deutsche Bahn AG to pay the costs.