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Order of the Court (Fifth Chamber) of 16 May 2011. # X Technology Swiss GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeals - Community trade mark - Sign consisting of the partial colouring of a product - Orange colouring of the toe of a sock - Absolute ground for refusal - Absence of distinctive character - Regulation (EC) No 40/94 - Article 7(1)(b). # Case C-429/10 P.
ECLI:EU:C:2011:307
62010CO0429
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(Case C-429/10 P)
Appeal – Community trade mark – Sign consisting of the partial colouring of a product – Orange colouring of the toe of a sock – Absolute ground for refusal – Absence of distinctive character – Regulation (EC) No 40/94 – Article 7(1)(b)
Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58(1)) (see para 41)
Re
Appeal against the judgment of the General Court (Second Chamber) of 15 June 2010 in Case T-547/08 X Technology Swiss v OHIM, by which that court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 6 October 2008 dismissing the appeal against the examiner’s decision, which refused registration of the sign consisting of the orange colouring of the toe of a sock as a Community trade mark for goods in Class 25 – Distinctive character of a sign consisting of the partial colouring of a product.
Operative part
1.The appeal is dismissed.
2.X Technology Swiss GmbH is ordered to pay the costs.