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Document 62009TJ0329

    Judgment of the General Court (Sixth Chamber) of 9 December 2010.
    Fédération internationale des logis 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 shade of brown - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009.
    Case T-329/09.

    European Court Reports 2010 II-00267*

    ECLI identifier: ECLI:EU:T:2010:510





    Judgment of the General Court (Sixth Chamber) of 9 December 2010 – Fédération internationale des logis v OHIM (Shade of brown)

    (Case T-329/09)

    Community trade mark – Application for a Community trade mark consisting of a shade of brown – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009

    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 22, 27-33)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 202/2009-1) concerning an application for registration of a shade of brown as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    Fédération internationale des logis

    Community trade mark sought:

    Mark representing a brown convex square for goods and services in Classes 3, 18, 24, 43 and 44 – Application No 6468722

    Decision of the examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders the Fédération internationale des logis to pay the costs.

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