Community trade mark - Application for a Community trade mark consisting of a shade of brown - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009.

Judgment of the General Court (Sixth Chamber) of 9 December 2010 – Fédération internationale des logis v OHIM (Shade of brown) (Case T-329/09) Community trade mark – Application for a Community trade mark consisting of a shade of brown – 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 22, 27-33) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 202/2009-1) concerning an application for registration of a shade of brown as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Fédération internationale des logis Community trade mark sought: Mark representing a brown convex square for goods and services in Classes 3, 18, 24, 43 and 44 – Application No 6468722 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.