Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Eighth Chamber) of 12 November 2010 – Deutsche Bahn v OHIM (Vertical combination of the colours
grey and red)**

**(Case T-405/09)**

Community trade mark – Application for Community trade mark consisting in a vertical 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-372/2009-1) 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 6735401 |
| Decision of the examiner: | Application refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | 1.Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Deutsche Bahn AG to pay the costs. |

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