9.6.2012 |
EN |
Official Journal of the European Union |
C 165/32 |
Action brought on 5 April 2012 — Sweet Tec v OHIM (Shape of an oval)
(Case T-156/12)
2012/C 165/53
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)
Form of order sought
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Annul the contested decision of the First Board of Appeal of OHIM of 19 January 2012 in appeal proceedings R 542/2011-1 relating to the application for Community trade mark No 9 554 171; |
— |
order OHIM to pay the costs of the proceedings, including the costs incurred in the course of the appeal proceedings. |
Pleas in law and main arguments
Community trade mark concerned: Three-dimensional mark, representing the shape of an oval, for goods in Classes 16 and 30 (application No 9 554 171).
Decision of the Examiner: Application refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the trade mark applied for has distinctive character and is not descriptive of the goods at issue in this case.