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Document 62009TJ0299
Judgment of the General Court (Eighth Chamber) of 3 February 2011. # Gühring OHG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community trade mark consisting of a combination of the colours broom yellow and silver grey - Application for a Community trade mark consisting of a combination of the colours yellow ochre and silver grey - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Examination of the facts of the Court's own motion - Article 76(1) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009. # Cases T-299/09 and T-300/09.
Judgment of the General Court (Eighth Chamber) of 3 February 2011.
Gühring OHG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a Community trade mark consisting of a combination of the colours broom yellow and silver grey - Application for a Community trade mark consisting of a combination of the colours yellow ochre and silver grey - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Examination of the facts of the Court's own motion - Article 76(1) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009.
Cases T-299/09 and T-300/09.
Judgment of the General Court (Eighth Chamber) of 3 February 2011.
Gühring OHG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a Community trade mark consisting of a combination of the colours broom yellow and silver grey - Application for a Community trade mark consisting of a combination of the colours yellow ochre and silver grey - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Examination of the facts of the Court's own motion - Article 76(1) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009.
Cases T-299/09 and T-300/09.
European Court Reports 2011 II-00017*
ECLI identifier: ECLI:EU:T:2011:28
Judgment of the General Court (Eighth Chamber) of 3 February 2011 – Gühring v OHIM (Combination of the colours broom yellow and silver grey and combination of the colours yellow ochre and silver grey)
(Cases T-299/09 and T-300/09)
Community trade mark – Application for a Community trade mark consisting of a combination of the colours broom yellow and silver grey – Application for a Community trade mark consisting of a combination of the colours yellow ochre and silver grey – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Examination of the facts of the Court’s own motion – Article 76(1) of Regulation No 207/2009 – Duty to state reasons – Article 75 of Regulation No 207/2009
1. Community trade mark – Procedural provisions – Statement of reasons for decisions – Article 75, first sentence, of Regulation No 207/2009 – Scope identical to that of Article 253 EC (Art. 253 EC; Council Regulation No 207/2009, Art. 75, first sentence) (see para. 16)
2. Community trade mark – Procedural provisions – Statement of reasons for decisions (Council Regulation No 207/2009, Art. 75) (see paras 17-19)
3. 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 63, 65, 73)
Re:
Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 April 2009 (Cases R 1330/2008-1 and R 1329/2008-1) concerning applications for registration of the combination of the colours broom yellow and silver grey and the combination of the colours yellow ochre and silver grey as Community trade marks. |
Information relating to the case
Applicant for the Community trade marks: |
Gühring OHG |
Community trade marks concerned: |
Mark made up of a combination of the colours of broom yellow and silver grey for goods in Class 7 – Application No 6703581 Mark made up of a combination of the colours of yellow ochre and silver grey for goods in Class 7 – Application No 6703565 |
Decision of the Opposition Division: |
Registrations refused |
Decision of the Board of Appeal: |
Appeals dismissed |
Operative part
The Court:
1. |
Orders that Cases T-299/09 and T-300/09 be joined for the purposes of the judgment; |
2. |
Dismisses the actions; |
3. |
Orders Gühring OHG to pay the costs. |