Judgment of the General Court (Eighth Chamber) of 7 July 2011 – Cree v OHIM (TRUEWHITE)

(Case T-208/10)

Community trade mark – Application for Community word mark TRUEWHITE – Absolute grounds for refusal – Article 7(1)(c) of Regulation No 207/2009 – Descriptive mark

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 23, 25, 31)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 February 2010 (Case R 985/2009‑2) concerning registration of the sign TRUEWHITE as a Community trade mark.

Operative part

The Court:

1. 1. Dismisses the action;

2.Orders Cree, Inc. to pay the costs.