Judgment — ECLI:EU:T:2010:466
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

Judgment of the General Court (Eighth Chamber) of 12 November 2010 – Deutsche Bahn v OHIM (Horizontal combination of the colours grey and red) (Case T-404/09) Community trade mark – Application for Community trade mark consisting in a horizontal combination of the colours grey and red – Absolute ground for refusal – Lack of distinctive character – 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 207/2009, Art. 7(1)(b)) (see paras 26, 28-37) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R-379/2009-1) concerning an application for registration of a colour sign, consisting in the combination of the colours grey and red, as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Deutsche Bahn AG Community trade mark sought: Trade mark consisting of the combination of the colours grey and red for services in Class 39 – Application No 6733315 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. 1. Dismisses the action; 2. 2. Orders Deutsche Bahn AG to pay the costs.