Judgment of the General Court of 9 December 2010 - Wilo v OHIM (Faceted casing of an electric motor and representation of green facets)
(Joined Cases T-253/09 and T254/09) 1 (Community trade mark - Application for a three-dimensional Community trade mark - Faceted casing of an electric motor - Application for a Community trade mark representing green facets - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
Language of the case: German
Parties
Applicant: Wilo SE (Dortmund, Germany) (represented by: G. Braun, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt and P. Quay, agents)
Re:
Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 March 2009 (Cases R 1184/2008-1 and R 1196/2008-1) concerning applications for registration of a three-dimensional sign consisting of the shape of faceted casing of an electric motor and a figurative sign representing green facets.
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders Wilo SE to pay the costs.
____________1 - OJ C 205, 29.8.2009.