Order of the Court (Fifth Chamber) of 16 May 2011.#X Technology Swiss GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeals - Community trade mark - Sign consisting of the partial colouring of a product - Orange colouring of the toe of a sock - Absolute ground for refusal - Absence of distinctive character - Regulation (EC) No 40/94 - Article 7(1)(b).#Case C-429/10 P.

Subject of the case

Re

Appeal against the judgment of the General Court (Second Chamber) of 15 June 2010 in Case T-547/08 X Technology Swiss v OHIM , by which that court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 6 October 2008 dismissing the appeal against the examiner’s decision, which refused registration of the sign consisting of the orange colouring of the toe of a sock as a Community trade mark for goods in Class 25 – Distinctive character of a sign consisting of the partial colouring of a product.

Operative part

Operative part

1. The appeal is dismissed.

2. X Technology Swiss GmbH is ordered to pay the costs.