CELEX: 62009TJ0253
Language: en
Date: 2010-12-09 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 9 December 2010. # Wilo SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a three-dimensional Community trade mark - Faceted casing of an electric motor - Application for a Community trade mark representing green facets - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009). # Joined cases T-253/09 and T-254/09.

Judgment of the General Court (Eighth Chamber) of 9 December 2010 – Wilo v OHIM (Faceted casing of an electric motor and representation
            of green facets)
      (Joined Cases T-253/09 and T-254/09)
      Community trade mark – Application for a three-dimensional Community trade mark – Faceted casing of an electric motor – Application for a Community trade mark representing green facets – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 7(1)(b)) (see paras 29, 42)
      Re: 
      
         
               Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 March 2009 (Cases R 1184/2008-1 and R 1196/2008-1)
                  concerning applications for registration of a three-dimensional sign consisting of the shape of faceted casing of an electric
                  motor and a figurative sign representing green facets.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Wilo SE
            
         
               Community trade mark sought:
            
            
               Three-dimensional mark representing the casing of a motor of a heating pump for goods in Classes 7 and 11 and a figurative
                  mark representing green facets for goods in Classes 7, 9 and 11 – Application Nos 5805692 and 5620001
               
            
         
               Decision of the examiner:
            
            
               Registrations refused 
            
         
               Decision of the Board of Appeal:
            
            
               Appeals dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Wilo SE to pay the costs.