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Judgment of the General Court (Sixth Chamber) of 13 July 2011. # Evonik Industries AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community figurative mark representing a purple rectangle with a rounded side - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009. # Case T-499/09.
ECLI:EU:T:2011:367
62009TJ0499
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(Case T-499/09)
Community trade mark – Application for a Community figurative mark representing a purple rectangle with a rounded side – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Figurative mark representing a purple rectangle with a rounded side (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 34-35, 44)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 491/2009-4) concerning an application for registration as a Community trade mark of a purple rectangle with a rounded side.
Operative part
The Court:
1.Dismisses the action;
2.Orders Evonik Industries AG to pay the costs.