CELEX: 62007TA0378
Language: en
Date: 2010-09-29 00:00:00
Title: Case T-378/07: Judgment of the General Court of 29 September 2010 — CNH Global v OHIM (Combination of the colours red, black and grey for a tractor) (Community trade mark — Application for a Community trade mark consisting of a combination of the colours red, black and grey applied to the exterior surfaces of a tractor — Absolute ground for refusal — No distinctive character acquired through use — Article 7(3) of Regulation (EC) No 40/94 (now Article 7(3) of Regulation (EC) No 207/2009))

20.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 317/26
            
         Judgment of the General Court of 29 September 2010 — CNH Global v OHIM (Combination of the colours red, black and grey for a tractor)
   (Case T-378/07) (1)
   
   (Community trade mark - Application for a Community trade mark consisting of a combination of the colours red, black and grey applied to the exterior surfaces of a tractor - Absolute ground for refusal - No distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94 (now Article 7(3) of Regulation (EC) No 207/2009))
   2010/C 317/45
   Language of the case: English
   
      Parties
   
   
      Applicant: CNH Global NV (Amsterdam, Netherlands) (represented by: M. Edenborough, Barrister, and R. Harrison, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
   
      Re:
   
   Action against the decision of the First Board of Appeal of OHIM of 5 July 2007 (Case R 1642/2006-1), relating to an application for registration as a Community trade mark of a sign representing a tractor in red, black and grey
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders CNH Global NV to pay the costs.
            
         
      (1)  OJ C 297, 8.12.2007.