CELEX: 62009TJ0202
Language: en
Date: 2011-04-13 00:00:00
Title: Judgment of the General Court (Seventh Chamber) of 13 April 2011.#Deichmann SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - International registration designating the European Community - Figurative mark representing a curved band with dotted lines - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009).#Case T-202/09.

Judgment of the General Court (Seventh Chamber) of 13 April 2011 – Deichmann v OHIM (Representation of a chevron with perforated
            border)
      (Case T-202/09)
      Community trade mark – International registration designating the European Community – Figurative mark representing a chevron with perforated border – Absolute ground for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
      1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
            of distinctive character – Mark consisting in the representation of one of the elements constituting the product – Distinctive
            character – Criteria for assessment (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 40-41)
      2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
            of distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 28, 34-35, 54)
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 (Case R 224/2007-4) concerning an
                  international registration designating the European Community of a figurative mark representing a chevron with perforated
                  border.
               
            Information relating to the case 
      
               Mark concerned:
            
            
               Figurative mark representing a chevron with perforated border for goods in Classes 10 and 25 (International Registration designating
                  the European Community, No W00881226)
               
            
         
               Decision of the examiner: 
            
            
               Protection refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  	1.Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Deichmann SE to pay the costs.