CELEX: 62010CB0429
Language: en
Date: 2011-05-16 00:00:00
Title: Case C-429/10 P: 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) (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))

27.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/11
            
         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)
   
   (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
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               X Technology Swiss GmbH is ordered to pay the costs.
            
         
      (1)  OJ C 301, 6.11.2010.