Judgment of the General Court of 11 April 2013 — CBp Carbon Industries v OHIM (CARBON GREEN)

(Case T-294/10) (1)

(Community trade mark - International registration designating the European Community - Community word mark CARBON GREEN - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

2013/C 147/26

Language of the case: English

Parties

Applicant: CBp Carbon Industries, Inc. (Tortola, British Virgin Islands, United Kingdom) (represented by: S. Malynicz, Barrister, and J. Fish, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 April 2010 (Case R 1361/2009-1), concerning an application for registration of the word sign CARBON GREEN as a Community trade mark

Operative part of the judgment

The Court:

(1)  OJ C 260, 25.9.2010.