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

Operative part

The Court:

1.Dismisses the action;

2.

Orders Deichmann SE to pay the costs.