Judgment — ECLI:EU:T:2014:256
Date: 2014-05-15
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 10 August 2012 - Katjes Fassin v OHIM (Yoghurt-Gums) (Case T-366/12) Language of the case: German Parties Applicant: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany) (represented by T. Schmitz, lawyer) 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 June 2012 in Case R 523/2012-4 and amend it in such a way that the appeal is dismissed in its entirety; order OHIM to pay the costs. Pleas in law and main arguments Community trade mark concerned: the figurative mark including the word element 'Yoghurt-Gums' for goods in Classes 6, 24 and 30 - Community trade mark application No 9 455 197 Decision of the Examiner: partial rejection of the application Decision of the Board of Appeal: dismissal of the appeal Pleas in law: Infringement of Article 7(1)(c) of Regulation No 207/2009 Infringement of Article 7(1)(b) of Regulation No 207/2009 ____________