Community trade mark — Invalidity proceedings — Figurative Community trade mark representing a surface with black dots — Shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009

Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Signs constituted solely by the shape of goods which is necessary to obtain a technical result — Definition (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paras 26-28)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Case R 1235/2008‑1), relating to invalidity proceedings between Pi-Design AG, Bodum France and Bodum Logistics A/S, of the one part, and Yoshida Metal Industry Co. Ltd, of the other.

Operative part

The Court:

1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 May 2010 (Case R 1235/2008‑1);

2.Orders OHIM to bear its own costs and to pay the costs of Yoshida Metal Industry Co. Ltd;

3.Orders Pi‑Design AG, Bodum France and Bodum Logistics A/S to bear their own respective costs.