Judgment — ECLI:EU:T:2014:6
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

Action brought on 28 September 2012 - Steiff v OHIM (Fabric tag with metal button in the middle section of the ear of a soft toy) (Case T-434/12) Language of the case: German Parties Applicant: Margarete Steiff GmbH (Giengen an der Brenz, Germany) (represented by D. Fissl, 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 July 2012 in Case No R 1692/2011-1; Annul OHIM's rejection of Community trade mark application No 9 439 654; Order OHIM to pay the costs. Pleas in law and main arguments Community trade mark concerned: the positional mark with which protection is claimed for a rectangular, elongated fabric tag fastened to the middle section of the ear of a soft toy by means of a gleaming or matt, round metal button for goods in Class 28 - Community trade mark application No 9 439 654 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 No 207/2009 ____________