Order — ECLI:EU:C:2012:154
Date: 2012-03-21
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Austria

Order of the Court (Sixth Chamber) of 21 March 2012 - Fidelio KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Case C-87/11 P) 2 (Appeal - Article 119 of the Rules of Procedure - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(c) - Word mark Hallux - Refusal to register - Absolute ground for refusal - Appeal in part manifestly inadmissible and in part manifestly unfounded) Language of the case: German Parties Appellant: Fidelio KG (represented by: M. Gail, Rechtsanwalt) Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent) Re: Appeal brought against the judgment of the General Court (Third Chamber) of 16 December 2010 in Case T-286/08 Fidelio v OHIM, by which the General Court dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 21 May 2008 concerning registration of the word sign Hallux as a Community trade mark for certain goods in Classes 10 and 25 (orthopaedic articles and footwear) - Distinctive character of a word sign meaning 'big toe' in Latin Operative part of the order The appeal is dismissed. Fidelio KG shall pay the costs. ____________ 1 - 2 - OJ C 152, 21.05.2011.