Source: EURLEX
Language: en
Format: md

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| 15.1.2011 | EN | Official Journal of the European Union | C 13/25 |

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

(Case T-405/09)[(1)](#ntr1-C_2011013EN.01002502-E0001)

(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)

2011/C 13/49

Language of the case: German

Parties

Applicant: Deutsche Bahn AG (Berlin, Germany) (represented by: U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action. |

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

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