CELEX: 62009TJ0405
Community trade mark
Application for Community trade mark consisting in a vertical combination of the colours grey and red
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 23 July 2009 (Case R-372/2009-1) concerning an
application for registration of a colour sign, consisting in the combination of the colours grey and red, as a Community trade
mark.
Information relating to the case
Applicant for the Community trade mark:
Deutsche Bahn AG
Community trade mark sought:
Trade mark consisting of the combination of the colours grey and red for services in Class 39 – Application No 6735401
Decision of the examiner:
Application refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

1.Dismisses the action;
2.
Orders Deutsche Bahn AG to pay the costs.