CELEX: 62009TJ0499
Community trade mark
Application for a Community figurative mark representing a purple rectangle with a rounded side
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 Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 491/2009-4) concerning
an application for registration as a Community trade mark of a purple rectangle with a rounded side.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Evonik Industries AG to pay the costs.