Community trade mark - International registration designating the European Community - Figurative mark representing a curved band with dotted lines - Absolute ground for refusal - Absence 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 (Seventh Chamber) of 13 April 2011 – Deichmann v OHIM (Representation of a chevron with perforated border) (Case T-202/09) Community trade mark – International registration designating the European Community – Figurative mark representing a chevron with perforated border – Absolute ground for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) 1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Mark consisting in the representation of one of the elements constituting the product – Distinctive character – Criteria for assessment (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 40-41) 2.                     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 28, 34-35, 54) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 (Case R 224/2007-4) concerning an international registration designating the European Community of a figurative mark representing a chevron with perforated border. Information relating to the case Mark concerned: Figurative mark representing a chevron with perforated border for goods in Classes 10 and 25 (International Registration designating the European Community, No W00881226) Decision of the examiner: Protection refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1.Dismisses the action; 2. Orders Deichmann SE to pay the costs.