Judgment of the General Court (Eighth Chamber) of 12 November 2010 – Deutsche Bahn v OHIM (Vertical combination of the colours grey and red)
(Case T-405/09)
Community trade mark – Application for Community trade mark consisting in a vertical combination of the colours grey and red – 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 any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 26, 28-37)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R-372/2009-1) concerning an application for registration of a colour sign, consisting in the combination of the colours grey and red, as a Community trade mark. |
Information relating to the case
Applicant for the Community trade mark: | Deutsche Bahn AG |
Community trade mark sought: | Trade mark consisting of the combination of the colours grey and red for services in Class 39 – Application No 6735401 |
Decision of the examiner: | Application refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
|
| 1.Dismisses the action; |
2. |
| 2. Orders Deutsche Bahn AG to pay the costs. |