Judgment of the General Court (Eighth Chamber) of 3 February 2011 – Gühring v OHIM (Combination of the colours broom yellow and silver grey and combination of the colours yellow ochre and silver grey)
(Cases T-299/09 and T-300/09)
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
1.Community trade mark – Procedural provisions – Statement of reasons for decisions – Article 75, first sentence, of Regulation No 207/2009 – Scope identical to that of Article 253 EC (Art. 253 EC; Council Regulation No 207/2009, Art. 75, first sentence) (see para. 16)
2.Community trade mark – Procedural provisions – Statement of reasons for decisions (Council Regulation No 207/2009, Art. 75) (see paras 17-19)
3.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 63, 65, 73)
Re:
| 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. |
Information relating to the case
Applicant for the Community trade marks: | Gühring OHG |
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 |
Operative part
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. |