CELEX: 62009TJ0282
Language: en
Date: 2010-12-09
Title: Judgment of the General Court (Sixth Chamber) of 9 December 2010. # Fédération internationale des logis v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community figurative trade mark representing a green convex square - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009. # Case T-282/09.

Judgment of the General Court (Sixth Chamber) of 9 December 2010 – Fédération internationale des logis v OHIM (Green convex
            square)
      (Case T-282/09)
      Community trade mark – Application for a Community figurative trade mark representing a green convex square – 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 16, 27-30)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 22 April 2009 (Case R 1511/2008-1) concerning
                  an application for registration of a green convex square as a Community trade mark.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Fédération internationale des logis
            
         
               Community trade mark sought:
            
            
               Figurative mark representing a green square for goods and services in Classes 3, 18, 24, 43 and 44 – Application No 6468789
            
         
               Decision of the examiner:
            
            
               Registration refused 
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Fédération internationale des logis to pay the costs.