CELEX: 62013TA0654
Language: en
Date: 2015-06-16 00:00:00
Title: Case T-654/13: Judgment of the General Court of 16 June 2015 — Gako Konietzko v OHIM (Shape of a cylindrical container in red and white) (Community trade mark — Application for three-dimensional Community trade mark — Shape of a cylindrical container in red and white — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)

10.8.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/22
            
         Judgment of the General Court of 16 June 2015 — Gako Konietzko v OHIM (Shape of a cylindrical container in red and white)
   (Case T-654/13) (1)
   
   ((Community trade mark - Application for three-dimensional Community trade mark - Shape of a cylindrical container in red and white - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
   (2015/C 262/28)
   Language of the case: German
   
      Parties
   
   
      Applicant: Gako Konietzko GmbH (Bamberg, Germany) (represented by: S. Reinhardt, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Fischer, acting as Agent)
   
      Re:
   
   Action brought against the decision of the First Board of Appeal of OHIM of 19 September 2013 (Case R 2232/2012-1), concerning an application for registration of a three-dimensional sign consisting of the shape of a cylindrical container in red and white as a Community trade mark.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Gako Konietzko GmbH to pay the costs.
            
         
      (1)  OJ C 39, 8.2.2014.