CELEX: 62010TJ0159
Language: en
Date: 2011-04-13 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 13 April 2011. # Société Air France v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community figurative mark representing the shape of a parallelogram - Absolute ground of refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009. # Case T-159/10.

Judgment of the General Court (Eighth Chamber) of 13 April 2011 – Air France v OHIM (Shape of a parallelogram)
      (Case T-159/10)
      Community trade mark – Application for Community figurative mark representing the shape of a parallelogram – 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 – Distinctive character not acquired through use (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17, 30, 35)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 27 January 2010 (Case R 1018/2009-2) concerning
                  an application for registration of a sign representing a parallelogram as a Community trade mark.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Société Air France
            
         
               Community trade mark sought: 
            
            
               Figurative mark, representing the shape of a parallelogram, for goods and services in Classes 9, 14, 16, 18, 21, 24, 25, 28,
                  35 to 39 and 41 to 45 – Application No 7576218
               
            
         
               Decision of the Opposition Division: 
            
            
               Registration refused 
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Société Air France to pay the costs.