CELEX: 62009TN0404
Language: en
Date: 2009-10-09 00:00:00
Title: Case T-404/09: Action brought on 9 October 2009 — Deutsche Bahn v OHIM (Combination of the colours grey and red)

5.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/31
            
         Action brought on 9 October 2009 — Deutsche Bahn v OHIM (Combination of the colours grey and red)
   (Case T-404/09)
   2009/C 297/47
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Deutsche Bahn AG (Berlin, Germany) (represented by U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Forms of order sought
   
   
               —
            
            
               Annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2009 (Case R 379/2009-1);
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: A trade mark consisting of the combination of the colours grey and red for services in Class 39 (Application No 6 733 315)
   
      Decision of the Examiner: Application refused
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: In its assessment of the mark applied for, the Office for Harmonisation in the Internal Market applied criteria which are inconsistent with the case-law of the Court of First Instance; it was, in particular, ignored that different criteria are applicable to the registration of colour marks for services than for goods.