Judgment — ECLI:EU:T:2010:467
Date: 2010-11-12
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 9 October 2009 - Deutsche Bahn v OHIM (Combination of the colours grey and red) (Case T-405/09) Language in which the application was lodged: German Parties Applicant: Deutsche Bahn AG (represented by U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Forms of order sought Annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2009 (Case R 379/2009-1); Order the defendant to pay the costs. Pleas in law and main arguments Community trade mark concerned: A trade mark consisting of the combination of the colours grey and red for services in Class 39 (Application No 6 735 401) Decision of the Examiner: Application refused Decision of the Board of Appeal: Appeal dismissed Pleas in law: In its assessment of the mark applied for, the Office for Harmonisation in the Internal Market applied criteria which are inconsistent with the case-law of the Court of First Instance; it was, in particular, ignored that different criteria are applicable to the registration of colour marks for services than for goods. ____________