Source: EURLEX
Language: en
Format: md

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| 27.10.2012 | EN | Official Journal of the European Union | C 331/21 |

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Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in dark grey, light grey, black, beige, dark red and light red)

(Case T-50/11) [(1)](#ntr1-C_2012331EN.01002101-E0001)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, black, beige, dark red and light 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)

(2012/C 331/36)

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 15 November 2010 (Case R 1316/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red 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 V. Fraas GmbH to pay the costs. |

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