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 which is a combination of colours

By letters of 18 June 2007, in consideration of the fact that the Court had criticised the Fourth Board of Appeal of OHIM for having based its decisions on evidence which had not been brought to Freixenet’s attention, the First Board of Appeal of OHIM sent to Freixenet the drawings of the bottles mentioned in the decisions of the Fourth Board of Appeal which were annulled by the Court as well as the addresses of internet websites mentioned in the examiner’s decisions of 29 November 2000.

Appeal against the judgment of the Court of First Instance (First Chamber) of 25 March 2009 in Case T-191/07 Anheuser-Busch, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) by which that Court dismissed an action brought by the applicant for the word mark “BUDWEISER” for goods in class 32 seeking annulment of Decision R 299/2006-2 of the Second Board of Appeal of OHIM of 20 March 2007, dismissing the appeal against the decision of the Opposition Division refusing registration of the mark in opposition proceedings brought by the proprietor of the international figurative and word marks “BUDWEISER” a ...[+++]nd “Budweiser Budvar” for goods in classes 31 and 32.

2. The Grand Board referred to in Article 135(2) shall comprise nine members, including the President of the Boards of Appeal, the chairmen of the Boards, the rapporteur designated prior to referral to the Grand Board, if applicable, and members drawn in rotation from a list comprising the names of all members of the Boards of Appeal other than the President of the Boards of Appeal and the chairmen of the Boards.

In order to ensure a balanced evaluation of appeals from a legal and technical point of view, both legally and technically qualified members of the Board of Appeal as defined in Commission Regulation (EC) No 1238/2007 of 23 October 2007 on laying down rules on the qualifications of the members of the Board of Appeal of the European Chemicals Agency should participate in each appeal.

Whereas it is necessary to ensure that parties who are affected by decisions made by the Office are protected by the law in a manner which is suited to the special character of trade mark law; whereas to that end provision is made for an appeal to lie from decisions of the examiners and of the various divisions of the Office; whereas if the department whose decision is contested does not rectify its decision it is to remit the appeal to a Board of Appeal of the Office, which is to decide on it; whereas decisions of the Boards of Appeal are, in turn, amenable to actions before ...[+++] the Court of Justice of the European Communities, which has jurisdiction to annul or to alter the contested decision;