Judgment — ECLI:EU:T:2015:381
Date: 2015-06-16
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

Action brought on 6 December 2013 – Gako Konietzko v OHIM (Shape of packaging) (Case T-654/13) Language of the case: German Parties Applicant: Gako Konietzko GmbH (Bamberg, Germany) (represented by S. Reinhardt, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 September 2013 in Case R 2232/2012-1; Order the defendant to pay the costs including the costs incurred in the course of the appeal proceedings. Pleas in law and main arguments Community trade mark concerned: the three-dimensional mark, representing the shape of packaging, for goods in Classes 3, 5 and 10 – Community trade mark application No 10 899 037 Decision of the Examiner: the application was rejected Decision of the Board of Appeal: the appeal was dismissed Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009