Source: EURLEX
Language: en
Format: md

**Order of the Court (Fifth Chamber) of 16 May 2011 – X Technology Swiss v OHIM**

**(Case C-429/10 P)**

Appeal – Community trade mark – Sign consisting of the partial colouring of a product – Orange colouring of the toe of a sock – Absolute ground for refusal – Absence of distinctive character – Regulation (EC) No 40/94 – Article 7(1)(b)

Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice,
Art. 58(1)) (see para 41)

**Re**

|  |  |  |  |  |
| --- | --- | --- | --- | --- |
| Appeal against the judgment of the General Court (Second Chamber) of 15 June 2010 in Case T-547/08 | X Technology Swiss | v | OHIM | , by which that court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 6 October 2008 dismissing the appeal against the examiner’s decision, which refused registration of the sign consisting of the orange colouring of the toe of a sock as a Community trade mark for goods in Class 25 – Distinctive character of a sign consisting of the partial colouring of a product. |

**Operative part**

|  |  |  |
| --- | --- | --- |
| 1. |  | The appeal is dismissed. |

|  |  |  |
| --- | --- | --- |
| 2. |  | X Technology Swiss GmbH is ordered to pay the costs. |

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