Order of the Court (Fifth Chamber) of 7 December 2011.#Deutsche Bahn AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeal - Community trade mark - Application for registration of a Community trade mark consisting of a horizontal combination of the colours grey and red -Absolute grounds for refusal - Lack of distinctive character - Regulation (EC) No 207/2009 - Article 7(1)(b).#Case C-45/11 P.

Subject of the case

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 11 November 2010 in Case T-404/09 Deutsche Bahn v OHIM , by which that court dismissed the action for annulment of the decision of the First Board of Appeal of OHIM of 23 July 2009 dismissing the appeal against the examiner’s decision refusing to register a colour sign consisting of a combination of the colours grey and red as a Community trade mark for certain services in Class 39 – Distinctive character of a sign consisting of a combination of colours.

Operative part

Operative part

1. The appeal is dismissed.

2. Deutsche Bahn AG is ordered to pay the costs .