Back to EUR-Lex homepage

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search
You are here

Document 62009TJ0202

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.

European Court Reports 2011 II-00098*

ECLI identifier: ECLI:EU:T:2011:168





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.

Top