Judgment — ECLI:EU:T:2012:437
Date: 2012-09-19
Language of the case: German
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court of 19 September 2012 - Fraas v OHIM (Tartan pattern in black, dark grey, light grey and dark red) (Case T-327/10)  (Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in black, dark grey, light grey and dark red - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009) Language of the case: German Parties Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt then D. Walicka, acting as Agents) Re: Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 June 2010 (Case R 189/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in black, dark grey, light grey and dark red as a Community trade mark. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders V. Fraas GmbH to pay the costs. ____________ 1 - OJ C 288, 23.10.2011.