10.11.2014   

EN

Official Journal of the European Union

C 395/36


Judgment of the General Court of 25 September 2014 — Peri v OHIM (Shape of a turnbuckle)

(Case T-171/12) (1)

((Community trade mark - Application for a three-dimensional Community trademark - Shape of a turnbuckle - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2014/C 395/43)

Language of the case: German

Parties

Applicant: Peri GmbH (Weißenhorn, Germany) (represented by: J. Dönch, 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 26 January 2012 (Case R 1209/2011-1), concerning an application for registration of a three-dimensional sign in the shape of a turnbuckle as a Community trade mark.

Operative part of the judgment

The Court:

1.

Dismisses the application;

2.

Orders Peri GmbH to pay the costs.


(1)  OJ C 184, 23.6.2012.