Judgment — ECLI:EU:T:2012:663
Date: 2012-12-11
Language of the case: German
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 16 January 2012 - Fomanu v OHIM (Qualität hat Zukunft) (Case T-22/12) Language of the case: German Parties Applicant: Fomanu AG (Neustadt a.d. Waldnaab, Germany) (represented by T. Raible) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought The applicant claims that the Court should: annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 October 2011 in Case R 1518/2011-1; order OHIM to pay the costs of the these proceedings and those incurred before the Board of Appeal. Pleas in law and main arguments Community trade mark concerned: Word mark 'Qualität hat Zukunft' for goods and services in Classes 9, 16 and 40. Decision of the Examiner: Registration refused. Decision of the Board of Appeal: Appeal dismissed. Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009, since the Community trade mark concerned is distinctive. ____________