Community trade mark - Application for Community figurative mark representing the shape of a parallelogram - Absolute ground of refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009.

Judgment of the General Court (Eighth Chamber) of 13 April 2011 – Air France v OHIM (Shape of a parallelogram) (Case T-159/10) Community trade mark – Application for Community figurative mark representing the shape of a parallelogram – 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 distinctive character – Distinctive character not acquired through use (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17, 30, 35) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 27 January 2010 (Case R 1018/2009-2) concerning an application for registration of a sign representing a parallelogram as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Société Air France Community trade mark sought: Figurative mark, representing the shape of a parallelogram, for goods and services in Classes 9, 14, 16, 18, 21, 24, 25, 28, 35 to 39 and 41 to 45 – Application No 7576218 Decision of the Opposition Division: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Société Air France to pay the costs.