ECLI:EU:C:2011:307•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.
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.
ECLI:EU:C:2011:307Eu Chamb 05 CMay 16, 2011
Full text
Subject of the case
Operative part
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.
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