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Case C-45/11 P: Order of the Court (Fifth Chamber) of 7 December 2011 — Deutsche Bahn AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Application for registration of a Community trade mark consisting of a horizontal combination of the colours grey and red — Absolute grounds for refusal — Lack of distinctive character — Regulation (EC) No 207/2009 — Article 7(1)(b))
ECLI:EU:UNKNOWN:62011CB0045
62011CB0045
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14.4.2012
EN
Official Journal of the European Union
C 109/3
(Case C-45/11 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Application for registration of a Community trade mark consisting of a horizontal combination of the colours grey and red - Absolute grounds for refusal - Lack of distinctive character - Regulation (EC) No 207/2009 - Article 7(1)(b))
2012/C 109/05
Language of the case: German
Parties
Appellant: Deutsche Bahn AG (represented by: Schmidt-Hern, Rechtsanwalt)
Other party/parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Appeal against the judgment of the General Court (Eighth Chamber) of 11 November 2010 in Case T-404/09 Deutsche Bahn v OHIM, by which that court dismissed the action for annulment of the decision of the First Board of Appeal of OHIM of 23 July 2009 dismissing the appeal against the examiner’s decision refusing to register a colour sign consisting of a combination of the colours grey and red as a Community trade mark for certain services in Class 39 — Distinctive character of a sign which is a combination of colours
Operative part of the order
1.The appeal is dismissed.
2.Deutsche Bahn AG is ordered to pay the costs.
(<span class="super">1</span>) OJ C 130, 30.4.2011.