Source: EURLEX
Language: en
Format: md

**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. |

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