Keywords
Subject of the case
Operative part

Keywords

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)

Subject of the case

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

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Operative part

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.