Judgment of the General Court of 9 December 2010 — Fédération internationale des logis v OHIM (Shade of brown)

(Case T-329/09) (1)

(Community trade mark - Application for a Community trade mark consisting of a shade of brown - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2011/C 30/69

Language of the case: French

Parties

Applicant: Fédération internationale des logis (Paris, France) (represented by: initially, C. Champagner Katz, and subsequently B. Brisset, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 202/2009-1) concerning an application for registration of a shade of brown as a Community trade mark.

Operative part of the judgment

The Court:

(1)  OJ C 267, 7.11.2009.