EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62009TN0404
Case T-404/09: Action brought on 9 October 2009 — Deutsche Bahn v OHIM (Combination of the colours grey and red)
Case T-404/09: Action brought on 9 October 2009 — Deutsche Bahn v OHIM (Combination of the colours grey and red)
Case T-404/09: Action brought on 9 October 2009 — Deutsche Bahn v OHIM (Combination of the colours grey and red)
SL C 297, 5.12.2009, p. 31–32
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
5.12.2009 |
EN |
Official Journal of the European Union |
C 297/31 |
Action brought on 9 October 2009 — Deutsche Bahn v OHIM (Combination of the colours grey and red)
(Case T-404/09)
2009/C 297/47
Language in which the application was lodged: German
Parties
Applicant: Deutsche Bahn AG (Berlin, Germany) (represented by U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Forms of order sought
— |
Annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2009 (Case R 379/2009-1); |
— |
Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: A trade mark consisting of the combination of the colours grey and red for services in Class 39 (Application No 6 733 315)
Decision of the Examiner: Application refused
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: In its assessment of the mark applied for, the Office for Harmonisation in the Internal Market applied criteria which are inconsistent with the case-law of the Court of First Instance; it was, in particular, ignored that different criteria are applicable to the registration of colour marks for services than for goods.