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Community trade mark – Application for a Community trade mark consisting of a combination of the colours broom yellow and silver grey – Application for a Community trade mark consisting of a combination of the colours yellow ochre and silver grey – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Examination of the facts of the Court’s own motion – Article 76(1) of Regulation No 207/2009 – Duty to state reasons – Article 75 of Regulation No 207/2009
Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 April 2009 (Cases R 1330/2008-1 and R 1329/2008-1) concerning applications for registration of the combination of the colours broom yellow and silver grey and the combination of the colours yellow ochre and silver grey as Community trade marks.
Applicant for the Community trade marks:
Community trade marks concerned:
Mark made up of a combination of the colours of broom yellow and silver grey for goods in Class 7 – Application No 6703581
Mark made up of a combination of the colours of yellow ochre and silver grey for goods in Class 7 – Application No 6703565
Decision of the Opposition Division:
Registrations refused
Decision of the Board of Appeal:
Appeals dismissed
The Court:
1.Orders that Cases T-299/09 and T-300/09 be joined for the purposes of the judgment;
2.Dismisses the actions;
3.Orders Gühring OHG to pay the costs.