Order of the Court (Sixth Chamber) of 21January 2016—
Enercon v OHIM
(Case C‑170/15P)
Appeal— Community trade mark — Regulation No207/2009— Article43(2)— Amendment of Community trade mark— Reclassification of a colour mark as a figurative mark— Article7(1)(b)— No distinctive character— Refusal of registration— Colour mark made up of certain nuances of the colour green
1.Community trade mark— Registration procedure— Withdrawal, restriction and amendment of the trade mark application— Reclassification of a colour mark as a figurative mark (Council Regulation No207/2009, Art.43(2) (see paras19, 21, 22)
2.Community trade mark— Definition and acquisition of the Community trade mark— Absolute grounds for refusal— Marks devoid of any distinctive character— Recognition of a colour per se as having distinctive character — Acquisition through use (Council Regulation No207/2009, Art.7(1)(b)) (see para.31)
Operative part
1. |
| The appeal is dismissed. |
2. |
| Enercon GmbH is ordered to pay the costs. |