Action brought on 14 December 2009 - Evonik Industries AG v OHIM (Representation of a purple rectangle with a rounded right side)
(Case T-499/09)
Language in which the application was lodged: 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)
Form of order sought
- Annul the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Fourth Board of Appeal) of 2 October 2009 (Case R 491/2009-4);
- order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: a figurative mark representing a rectangular shape in the colour Purple Pantone 513 C, for goods and services in classes 1 to 45 (Application No 7 235 179)
Decision of the Examiner: registration rejected
Decision of the Board of Appeal: appeal dismissed
Pleas in law: misapplication of Article 7(1)(b) of Regulation No 207/2009
1, on the ground that the trade mark concerned has the requisite distinctive character
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).