Keywords
Subject of the case
Operative part

Keywords

Community trade mark

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Definition and acquisition of the Community trade mark

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Absolute grounds for refusal

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Marks devoid of any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 26, 28-37

)

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R-379/2009-1) concerning an application for registration of a colour sign, consisting in the combination of the colours grey and red, as a Community trade mark.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Deutsche Bahn AG to pay the costs.