Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Eighth Chamber) of 12 November 2008 – GretagMacbeth v OHIM (Combination of 24 coloured
squares)**

**(Case T-400/07)**

Community trade mark – Application for Community colour mark – Combination of 24 coloured squares – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94

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 39, 41-43, 50, 53-55)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 August 2007 (Case R 30/2007-4) concerning an application for registration as a Community trade mark of a colour sign composed of 24 coloured squares. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | GretagMacbeth LLC |
| Community trade mark sought: | Mark consisting of a combination of 24 coloured squares for goods and services in Classes 9, 16 and 42 – Application No 4634572 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the application; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders GretagMacbeth LLC to pay the costs. |

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