Judgment — ECLI:EU:T:2014:8
Date: 2014-01-16
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Fifth Chamber) of 16 January 2014 — Steiff v OHIM (Metal button in the middle section of the ear of a soft toy) (Case T‑433/12) Community trade mark — Application for a Community trade mark consisting of fixing a metal button in the middle section of the ear of a soft toy — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) 207/2009 1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctiveness — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17-21) 2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Mark consisting of a metal button in the middle section of the ear of a soft toy (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 24-36) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2012 (Case R 1693/2011-1) concerning an application for registration of a sign consisting of fixing of a metal button in the middle section of the ear of a soft toy as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Margarete Steiff GmbH to pay the costs.