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Case T-378/07: Judgment of the General Court of 29 September 2010 — CNH Global v OHIM (Combination of the colours red, black and grey for a tractor) (Community trade mark — Application for a Community trade mark consisting of a combination of the colours red, black and grey applied to the exterior surfaces of a tractor — Absolute ground for refusal — No distinctive character acquired through use — Article 7(3) of Regulation (EC) No 40/94 (now Article 7(3) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62007TA0378
62007TA0378
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Official Journal of the European Union
C 317/26
(Case T-378/07) (<span class="super">1</span>)
(Community trade mark - Application for a Community trade mark consisting of a combination of the colours red, black and grey applied to the exterior surfaces of a tractor - Absolute ground for refusal - No distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94 (now Article 7(3) of Regulation (EC) No 207/2009))
2010/C 317/45
Language of the case: English
Parties
Applicant: CNH Global NV (Amsterdam, Netherlands) (represented by: M. Edenborough, Barrister, and R. Harrison, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Re:
Action against the decision of the First Board of Appeal of OHIM of 5 July 2007 (Case R 1642/2006-1), relating to an application for registration as a Community trade mark of a sign representing a tractor in red, black and grey
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders CNH Global NV to pay the costs.
(<span class="super">1</span>) OJ C 297, 8.12.2007.