Source: EURLEX
Language: en
Format: md

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| 27.8.2011 | EN | Official Journal of the European Union | C 252/11 |

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Order of the Court (Fifth Chamber) of 16 May 2011 — X Technology Swiss GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-429/10 P)[(1)](#ntr1-C_2011252EN.01001101-E0001)

(Appeals - 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))

2011/C 252/20

Language of the case: German

Parties

Appellant: X Technology Swiss GmbH (represented by: A. Herbertz and R. Jung, Rechtsanwälte)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

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 the General 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 of the order

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| 1. | The appeal is dismissed. |

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

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