Source: EURLEX
Language: en
Format: md

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| 6.11.2010 | EN | Official Journal of the European Union | C 301/26 |

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Judgment of the General Court of 13 September 2010 — KUKA Roboter v OHIM (Shade of orange)

(Case T-97/08)[(1)](#ntr1-C_2010301EN.01002601-E0001)

(Community trade mark - Application for a Community trade mark consisting of a shade of orange - Absolute ground 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))

2010/C 301/41

Language of the case: German

Parties

Applicant: KUKA Roboter GmbH (Augsburg, Germany) (represented by: A. Kohn and B. Hannemann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, acting as Agent)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 December 2007 (Case R 1572/2007-4), concerning an application for registration of a shade of orange 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 KUKA Roboter GmbH to pay the costs. |

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