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Document 62012TA0156

    Case T-156/12: Judgment of the General Court of 12 December 2013 — Sweet Tec v OHIM (Shape of an oval) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of an oval — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2)

    OJ C 39, 8.2.2014, p. 18–19 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    8.2.2014   

    EN

    Official Journal of the European Union

    C 39/18


    Judgment of the General Court of 12 December 2013 — Sweet Tec v OHIM (Shape of an oval)

    (Case T-156/12) (1)

    (Community trade mark - Application for a three-dimensional Community trade mark - Shape of an oval - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2)

    2014/C 39/30

    Language of the case: German

    Parties

    Applicant: Sweet Tec GmbH (Boizenburg, Germany) (represented by: T. Nägele, lawyer)

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

    Re:

    Action brought against the decision of the First Board of Appeal of OHIM of 19 January 2012 (Case R 542/2011-1) concerning an application for registration of a three-dimensional sign in the shape of an oval as a Community trade mark.

    Operative part of the judgment

    The Court:

    1.

    The action is rejected;

    2.

    Sweet Tec GmbH is ordered to pay the costs.


    (1)  OJ C 165, 9.6.2012.


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