Community trade mark - Application for a Community figurative mark representing a purple rectangle with a rounded side - 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 13 July 2011 – Evonik Industries v OHIM (Purple rectangle with a rounded side) (Case T-499/09) Community trade mark – Application for a Community figurative mark representing a purple rectangle with a rounded side – 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 – Figurative mark representing a purple rectangle with a rounded side (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 34-35, 44) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 491/2009-4) concerning an application for registration as a Community trade mark of a purple rectangle with a rounded side. Operative part The Court: 1. Dismisses the action; 2. Orders Evonik Industries AG to pay the costs.