CELEX: 62009TJ0253
Community trade mark
Application for a three-dimensional Community trade mark
Faceted casing of an electric motor
Application for a Community trade mark representing green facets
Absolute grounds for refusal
Lack of distinctive character
Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 March 2009 (Cases R 1184/2008-1 and R 1196/2008-1)
concerning applications for registration of a three-dimensional sign consisting of the shape of faceted casing of an electric
motor and a figurative sign representing green facets.
Information relating to the case
Applicant for the Community trade mark:
Wilo SE
Community trade mark sought:
Three-dimensional mark representing the casing of a motor of a heating pump for goods in Classes 7 and 11 and a figurative
mark representing green facets for goods in Classes 7, 9 and 11 – Application Nos 5805692 and 5620001
Decision of the examiner:
Registrations refused
Decision of the Board of Appeal:
Appeals dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Wilo SE to pay the costs.