Judgment — ECLI:EU:T:2010:508
Date: 2010-12-09
Language of the case: French
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: France

Action brought on 17 July 2009 - Fédération Internationale des Logis v OHIM (Case T-282/09) Language in which the application was lodged: French Parties Applicant: Fédération Internationale des Logis (Paris, France) (represented by B. Brisset, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought Annul the decision of the First Board of Appeal of OHIM of 22 April 2009 in Case R 1511/2008-1 and allow registration of the trade mark applied for; order OHIM to pay the costs. Pleas in law and main arguments Community trade mark concerned: Figurative mark representing a green square for goods and services in Classes 3, 18, 24, 43 and 44 - Application No 6 468 789 Decision of the Examiner: Rejection of the application for registration Decision of the Board of Appeal: Dismissal of the appeal Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009, as the representation of a square with convex edges in a particular and specific green colour is distinctive with regard to the goods and services for which the registration was sought, in so far as those elements give the mark a particular appearance for those goods and services. ____________