CELEX: 62009TJ0329
Community trade mark
Application for a Community trade mark consisting of a shade of brown
Absolute ground for refusal
Lack of distinctive character
Article 7(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 202/2009-1) concerning an
application for registration of a shade of brown as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Fédération internationale des logis
Community trade mark sought:
Mark representing a brown convex square for goods and services in Classes 3, 18, 24, 43 and 44 – Application No 6468722
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders the Fédération internationale des logis to pay the costs.