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Document 62015CO0170
Order of the Court (Sixth Chamber) of 21 January 2016.
Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Appeal — Community trade mark — Regulation No 207/2009 — Article 43(2) — Amendment of Community trade mark — Reclassification of a colour mark as a figurative mark — Article 7(1)(b) — No distinctive character — Refusal of registration — Colour mark made up of certain nuances of the colour green.
Case C-170/15 P.
Order of the Court (Sixth Chamber) of 21 January 2016.
Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Appeal — Community trade mark — Regulation No 207/2009 — Article 43(2) — Amendment of Community trade mark — Reclassification of a colour mark as a figurative mark — Article 7(1)(b) — No distinctive character — Refusal of registration — Colour mark made up of certain nuances of the colour green.
Case C-170/15 P.
Court reports – general – 'Information on unpublished decisions' section
Order of the Court (Sixth Chamber) of 21 January 2016 —
Enercon v OHIM
(Case C‑170/15 P)
‛Appeal — Community trade mark — Regulation No 207/2009 — Article 43(2) — Amendment of Community trade mark — Reclassification of a colour mark as a figurative mark — Article 7(1)(b) — No distinctive character — Refusal of registration — Colour mark made up of certain nuances of the colour green’
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1. |
Community trade mark — Registration procedure — Withdrawal, restriction and amendment of the trade mark application — Reclassification of a colour mark as a figurative mark (Council Regulation No 207/2009, Art. 43(2) (see paras 19, 21, 22) |
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2. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Recognition of a colour per se as having distinctive character — Acquisition through use (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 31) |
Operative part
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1. |
The appeal is dismissed. |
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2. |
Enercon GmbH is ordered to pay the costs. |