Judgment of the General Court of 13 July 2011 - Evonik Industries v OHIM (Purple rectangle with a rounded side)
(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)
Language of the case: German
Parties
Applicant: Evonik Industries AG (Essen, Germany) (represented by: J. Albrecht, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented initially by S. Stürmann, then by S. Stürmann and G. Schneider, and subsequently by S. Stürmann and R. Manea, Agents)
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 of the order
The Court:
1. Dismisses the action;
2. Orders Evonik Industries AG to pay the costs.
____________1 - OJ C 37, 13.2.2010.