Judgment of the General Court (Sixth Chamber) of 9 December 2010 – Fédération internationale des logis v OHIM (Green convex square)

(Case T-282/09)

Community trade mark – Application for a Community figurative trade mark representing a green convex square – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 16, 27-30)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 22 April 2009 (Case R 1511/2008-1) concerning an application for registration of a green convex square as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Fédération internationale des logis
Community trade mark sought:	Figurative mark representing a green square for goods and services in Classes 3, 18, 24, 43 and 44 – Application No 6468789
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders the Fédération internationale des logis to pay the costs.