Judgment of the General Court (Sixth Chamber) of 13 July 2011. – Evonik Industries AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

Subject of the case

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 491/2009-4) concerning an application for registration as a Community trade mark of a purple rectangle with a rounded side.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Evonik Industries AG to pay the costs.