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Document 62009TJ0499

    Judgment of the General Court (Sixth Chamber) of 13 July 2011.
    Evonik Industries AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for a Community figurative mark representing a purple rectangle with a rounded side - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009.
    Case T-499/09.

    European Court Reports 2011 II-00225*

    ECLI identifier: ECLI:EU:T:2011:367





    Judgment of the General Court (Sixth Chamber) of 13 July 2011 – Evonik Industries v OHIM (Purple rectangle with a rounded side)

    (Case T-499/09)

    Community trade mark – Application for a Community figurative mark representing a purple rectangle with a rounded side – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009

    Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Figurative mark representing a purple rectangle with a rounded side (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 34-35, 44)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 491/2009-4) concerning an application for registration as a Community trade mark of a purple rectangle with a rounded side.

    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Evonik Industries AG to pay the costs.

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