Order of the Court (Fifth Chamber) of 7 December 2011 – Deutsche Bahn v OHIM
(Case C‑45/11 P)
Appeal – Community trade mark – Application for registration of a Community trade mark consisting of a horizontal combination of the colours grey and red –Absolute grounds for refusal – Lack of distinctive character – Regulation (EC) No207/2009 – Article 7(1)(b)
1.Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 46)
2.Acts of the institutions – Statement of reasons – Obligation – Extent (Art. 296 TFEU) (see paras 57-58)
Re:
| Appeal against the judgment of the General Court (Eighth Chamber) of 11 November 2010 in Case T-404/09 | Deutsche Bahn | v | OHIM | , by which that court dismissed the action for annulment of the decision of the First Board of Appeal of OHIM of 23 July 2009 dismissing the appeal against the examiner’s decision refusing to register a colour sign consisting of a combination of the colours grey and red as a Community trade mark for certain services in Class 39 – Distinctive character of a sign consisting of a combination of colours. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Deutsche Bahn AG is ordered to pay the costs. |