Source: EURLEX
Language: en
Format: md

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| 4.8.2014 | EN | Official Journal of the European Union | C 253/25 |

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Judgment of the General Court of 24 June 2014 — Unister v OHIM (Ab in den Urlaub)

(Case T-273/12)[(1)](#ntr1-C_2014253EN.01002501-E0001)

((Community trade mark - Application for Community word mark Ab in den Urlaub - Mark consisting of an advertising slogan - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Absence of evidence of distinctive character acquired through use - Article 7(3) of Regulation No 207/2009))

2014/C 253/35

Language of the case: German

Parties

Applicant: Unister GmbH (Leipzig, Germany) (represented by: H. Hug and A. Kessler-Jensch, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka and R. Pethke, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 3 April 2012 (Case R 2150/2011-1), concerning an application for registration of the word mark Ab in den Urlaub as a Community trade mark.

Operative part of the judgment

The Court:

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| 1) | Dismisses the action; |

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| 2) | Orders Unister GmbH to pay the costs. |

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