CELEX: 62008TA0547
Language: en
Date: 2010-06-15 00:00:00
Title: Case T-547/08: Judgment of the General Court of 15 June 2010 — X Technology Swiss v OHIM (Orange colouring of the toe of a sock) (Community trade mark — Application for a Community trade mark — Orange colouring of the toe of a sock — Absolute ground for refusal — Absence of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

31.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/36
            
         Judgment of the General Court of 15 June 2010 — X Technology Swiss v OHIM (Orange colouring of the toe of a sock)
   (Case T-547/08) (1)
   
   (Community trade mark - Application for a Community trade mark - Orange colouring of the toe of a sock - Absolute ground for refusal - Absence 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 209/54
   Language of the case: German
   
      Parties
   
   
      Applicant: X Technology Swiss GmbH (Wollerau, Switzerland) (represented by: A. Herbertz and R. Jung, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Jenewein and G. Schneider, Agents)
   
      Re:
   
   Action brought against decision R 846/2008-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 6 October 2008 relating to an application to register the sign consisting of the orange colouring of the toe of a sock as a Community trade mark.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders X Technology Swiss GmbH to pay the costs.
            
         
      (1)  OJ C 55, 7.3.2009.