Judgment of the General Court (Sixth Chamber) of 9 December 2010 – Fédération internationale des logis v OHIM (Shade of brown)
(Case T-329/09)
Community trade mark – Application for a Community trade mark consisting of a shade of brown – 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 any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 22, 27-33)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 202/2009-1) concerning an application for registration of a shade of brown as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Fédération internationale des logis
Community trade mark sought:
Mark representing a brown convex square for goods and services in Classes 3, 18, 24, 43 and 44 – Application No 6468722
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders the Fédération internationale des logis to pay the costs.
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