Judgment — ECLI:EU:T:2003:202
Date: 2003-07-09
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Marks devoid of any distinctive character
Procedure: Action for annulment - unfounded
Origin: Germany

Summary of the Judgment 
Community trade mark — Definition and acquisition of the Community trade mark — 
Absolute grounds for refusal — Signs devoid of any distinctive character — Com­
bination of shades of orange and grey 
(Council Regulation No 40/94, Art. 7(1)(b)) 
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SUMMARY — CASE T-234/01 
A trade mark consisting of a combination 
of two colours, namely an orange rectangle 
corresponding to colour reference Pantone 
164c above a grey rectangle corresponding 
to colour reference Pantone 428u, in 
respect of which registration is sought for 
machines in Class 7 of the Nice Classifi­
cation, is devoid of distinctive character in 
respect of the products referred to for the 
purposes of Article 7(1)(b) of Regulation 
No 40/94 on the Community trade mark. 
When viewed as a whole, such a sign, 
composed simply of a combination of a 
shade of orange and a shade of grey, is 
abstract and imprecise in relation to the 
products in question and does not show 
any systematic arrangement or definite 
separation of those colours. Consequently, 
the relevant public will not see in that 
combination a sign that products thus 
coloured come from the same undertaking, 
but will rather see it merely as an aspect of 
the finish of the products. 
(see paras 35-36, 42-43) 
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