Order of the Court (Fifth Chamber) of 26 April 2012. – Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Absolute ground for refusal — Lack of distinctive character — Figurative sign representing a chevron edged with dotted lines.

Subject of the case

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 13 April 2011 in Case T‑202/09 Deichmann SE v OHIM , by which that court dismissed the action for annulment of the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 dismissing the appeal against the examiner’s decision, which refused registration of the figurative sign representing a chevron edged with dotted lines as a Community trade mark for certain goods in Classes 10 and 25 — Distinctive character of the mark.

Operative part

1. The appeal is dismissed.

2. Deichmann SE is ordered to pay the costs.