Judgment of the General Court of 9 December 2010 - Fédération internationale des logis v OHIM (Shade of brown)
(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)
Language of the case: French
Parties
Applicant: Fédération internationale des logis (Paris, France) (represented by: initially, C. Champagner Katz, and subsequently B. Brisset, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, agent)
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.
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders the Fédération internationale des logis to pay the costs.
____________1 - OJ C 267, 7.11.2009.