Order of the Court (Sixth Chamber) of 16 October 2013 — medi GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-410/12 P) (1)

(Appeal - Community trade mark - Application for registration of the Community word mark medi - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) and 7(2) of Regulation (EC) No 207/2009 - Distortion of the evidence - None)

2013/C 377/04

Language of the case: German

Parties

Appellant: medi GmbH & Co. KG (represented by: D. Terheggen, Rechtsanwalt)

Other party: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Re:

Appeal against the judgment of the General Court (Sixth Chamber) of 12 July 2012 in Case T-470/09 medi v OHIM by which the General Court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 1 October 2009 (Case R 692/2008-4) concerning an application for registration of the word sign ‘medi’ as a Community trade mark — Infringement of Article 7(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Distinctive character of the word sign ‘medi’

Operative part of the order

(1)  OJ C 331, 27.10.2012.