CELEX: 62009TJ0404
Community trade mark
Application for Community trade mark consisting in a horizontal 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-379/2009-1) 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 6733315
Decision of the examiner:
Registration 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.