CELEX: 62009TJ0405
Language: en
Date: 2010-11-12
Title: Judgment of the General Court (Eighth Chamber) of 12 November 2010.#Deutsche Bahn AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#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.#Case T-405/09.

Judgment of the General Court (Eighth Chamber) of 12 November 2010 – Deutsche Bahn v OHIM (Vertical combination of the colours
            grey and red)
      (Case T-405/09)
      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)
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 26, 28-37)
      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.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Deutsche Bahn AG
            
         
               Community trade mark sought:
            
            
               Trade mark consisting of the combination of the colours grey and red for services in Class 39 – Application No 6735401
            
         
               Decision of the examiner:
            
            
               Application refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  	1.Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Deutsche Bahn AG to pay the costs.