Community trade mark - Application for Community word mark Run the globe - Absolute ground 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).

Judgment of the General Court (Eighth Chamber) of 7 April 2011 – Gruber v OHIM (Run the globe) (Case T-12/09) Community trade mark – Application for Community word mark Run the globe – Absolute ground 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) Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 20, 24-27) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 6 November 2008 (Case R 1779/2007-1) concerning a request for registration of the word sign Run the globe as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Alexander Gruber Community trade mark sought: Word mark Run the globe for services in Class 41 – Application No 5154521 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Mr Alexander Gruber to pay the costs.