Judgment of the Court of First Instance of 28 October 2009 - BCS v OHIM - Deere (Combination of the colours green and yellow)
(Community trade mark - Invalidity proceedings - Community trade mark consisting of a combination of the colours green and yellow - Absolute ground for refusal - Distinctive character acquired through use - Article 7(3) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(3) and Article 52(1)(a) of Regulation (EC) No 207/2009) - Relative ground for refusal - Earlier unregistered national mark consisting of a combination of the colours green and yellow - Article 8(4) and Article 52(1)(c) of Regulation No 40/94 (now Article 8(4) and Article 53(1)(c) of Regulation No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))
Language of the case: English
Parties
Applicant: BCS SpA (Milan, Italy) (represented by: M. Franzosi, V. Jandoli and F. Santonocito, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Deere & Company (Wilmington, United States) (represented by: J. Gray, Solicitor, and A. Tornato, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 16 January 2008 (Case R 222/2007-2) relating to invalidity proceedings between BCS SpA and Deere & Company.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders BCS SpA to pay the costs.
____________1 - OJ C 142, 7.6.2008.