CELEX: 62012TN0433
Language: en
Date: 2012-09-28 00:00:00
Title: Case T-433/12: Action brought on 28 September 2012 — Steiff v OHIM (Metal button in the middle section of the ear of a soft toy)

24.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 366/39
            
         Action brought on 28 September 2012 — Steiff v OHIM (Metal button in the middle section of the ear of a soft toy)
   (Case T-433/12)
   2012/C 366/78
   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 23 July 2012 in Case R 1693/2011-1;
            
         
               —
            
            
               Annul OHIM’s rejection of Community trade mark application No 9 439 613;
            
         
               —
            
            
               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 gleaming or matt, round metal button fastened to the middle section of the ear of a soft toy for goods in Class 28 — Community trade mark application No 9 439 613
   
      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