CELEX: 62009TJ0499
Language: en
Date: 2011-07-13 00:00:00
Title: Judgment of the General Court (Sixth Chamber) of 13 July 2011. # Evonik Industries AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community figurative mark representing a purple rectangle with a rounded side - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009. # Case T-499/09.

Judgment of the General Court (Sixth Chamber) of 13 July 2011 – Evonik Industries v OHIM (Purple rectangle with a rounded
            side)
      (Case T-499/09)
      Community trade mark – Application for a Community figurative mark representing a purple rectangle with a rounded side – 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 distinctive character – Figurative mark representing a purple rectangle with a rounded side (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras
         34-35, 44)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 491/2009-4) concerning
                  an application for registration as a Community trade mark of a purple rectangle with a rounded side.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Evonik Industries AG to pay the costs.