CELEX: 62009TJ0299
Community trade mark
Application for a Community trade mark consisting of a combination of the colours broom yellow and silver grey
Application for a Community trade mark consisting of a combination of the colours yellow ochre and silver grey
Absolute ground for refusal
Lack of distinctive character
Article 7(1)(b) of Regulation (EC) No 207/2009
Examination of the facts of the Court's own motion
Article 76(1) of Regulation No 207/2009
Obligation to state reasons
Article 75 of Regulation No 207/2009

Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 April 2009 (Cases R 1330/2008-1 and R
1329/2008-1) concerning applications for registration of the combination of the colours broom yellow and silver grey and the
combination of the colours yellow ochre and silver grey as Community trade marks.
Information relating to the case
Applicant for the Community trade marks:
Gühring OHG
Community trade marks concerned:
Mark made up of a combination of the colours of broom yellow and silver grey for goods in Class 7 – Application No 6703581
Mark made up of a combination of the colours of yellow ochre and silver grey for goods in Class 7 – Application No 6703565
Decision of the Opposition Division:
Registrations refused
Decision of the Board of Appeal:
Appeals dismissed
Operative part
The Court:
1.
Orders that Cases T-299/09 and T-300/09 be joined for the purposes of the judgment;
2.
Dismisses the actions;
3.
Orders Gühring OHG to pay the costs.