Source: EURLEX
Language: en
Format: md

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| 22.6.2013 | EN | Official Journal of the European Union | C 178/10 |

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Judgment of the General Court of 14 May 2013 — Unister v OHIM (fluege.de)

(Case T-244/12)[(1)](#ntr1-C_2013178EN.01001002-E0001)

(Community trade mark - Application for the Community word mark fluege.de - Absolute grounds for refusal - Descriptive character - No distinctive character - Distinctive character acquired through use - Article 7(1)(b) and (c) and Article 7(2) and (3) of Regulation (EC) No 207/2009)

2013/C 178/18

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, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 March 2012 (Case R 2149/2011-1) concerning an application for registration of the word sign fluege.de 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 bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |

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