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16.3.2015 |
EN |
Official Journal of the European Union |
C 89/21 |
Judgment of the General Court of 28 January 2015 — Enercon v OHIM (Shades of the colour green)
(Case T-655/13) (1)
((Community trade mark - Application for Community trade mark consisting of a gradient of five shades of the colour green - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Reclassification of the mark applied for - Article 43(2) of Regulation No 207/2009))
(2015/C 089/24)
Language of the case: German
Parties
Applicant: Enercon GmbH (Aurich, Germany) (represented by: R. Böhm and S. Overhage, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 11 September 2013 (Case R 247/2013-1), concerning an application for registration of a gradient of five shades of the colour green as a Community trade mark.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Enercon GmbH to pay the costs. |