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Case T-404/09: Judgment of the General Court of 12 November 2010 — Deutsche Bahn v OHIM (Horizontal combination of the colours grey and red) (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)
ECLI:EU:UNKNOWN:62009TA0404
62009TA0404
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15.1.2011
Official Journal of the European Union
C 13/25
(Case T-404/09)(<span class="super">1</span>)
(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)
2011/C 13/48
Language of the case: German
Parties
Applicant: Deutsche Bahn AG (Berlin, Germany) (represented by: U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
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.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Deutsche Bahn AG to pay the costs.
(<span class="super">1</span>) OJ C 297, 5.12.2009.