Judgment — ECLI:EU:T:2010:507
Date: 2010-12-09
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Germany

Judgment of the General Court (Eighth Chamber) of 9 December 2010 – Wilo v OHIM (Faceted casing of an electric motor and representation of green facets) (Joined Cases T-253/09 and T-254/09) Community trade mark – Application for a three-dimensional Community trade mark – Faceted casing of an electric motor – Application for a Community trade mark representing green facets – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 29, 42) Re: Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 March 2009 (Cases R 1184/2008-1 and R 1196/2008-1) concerning applications for registration of a three-dimensional sign consisting of the shape of faceted casing of an electric motor and a figurative sign representing green facets. Information relating to the case Applicant for the Community trade mark: Wilo SE Community trade mark sought: Three-dimensional mark representing the casing of a motor of a heating pump for goods in Classes 7 and 11 and a figurative mark representing green facets for goods in Classes 7, 9 and 11 – Application Nos 5805692 and 5620001 Decision of the examiner: Registrations refused Decision of the Board of Appeal: Appeals dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Wilo SE to pay the costs.