Judgment of the General Court (Eighth Chamber) of 9 December 2010 – Wilo v OHIM (Faceted casing of an electric motor and representation of green facets)
(Joined Cases T-253/09 and T-254/09)
Community trade mark – Application for a three-dimensional Community trade mark – Faceted casing of an electric motor – Application for a Community trade mark representing green facets – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now 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 any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 29, 42)
Re:
Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 March 2009 (Cases R 1184/2008-1 and R 1196/2008-1) concerning applications for registration of a three-dimensional sign consisting of the shape of faceted casing of an electric motor and a figurative sign representing green facets.
Information relating to the case
Applicant for the Community trade mark:
Wilo SE
Community trade mark sought:
Three-dimensional mark representing the casing of a motor of a heating pump for goods in Classes 7 and 11 and a figurative mark representing green facets for goods in Classes 7, 9 and 11 – Application Nos 5805692 and 5620001
Decision of the examiner:
Registrations refused
Decision of the Board of Appeal:
Appeals dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Wilo SE to pay the costs.
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