CELEX: 62012TN0156
Language: en
Date: 2012-04-05 00:00:00
Title: Case T-156/12: Action brought on 5 April 2012 — Sweet Tec v OHIM (Shape of an oval)

9.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/32
            
         Action brought on 5 April 2012 — Sweet Tec v OHIM (Shape of an oval)
   (Case T-156/12)
   2012/C 165/53
   Language of the case: German
   
      Parties
   
   
      Applicant: Sweet Tec GmbH (Boizenburg, Germany) (represented by T. Nägele, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   
               —
            
            
               Annul the contested decision of the First Board of Appeal of OHIM of 19 January 2012 in appeal proceedings R 542/2011-1 relating to the application for Community trade mark No 9 554 171;
            
         
               —
            
            
               order OHIM to pay the costs of the proceedings, including the costs incurred in the course of the appeal proceedings.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Three-dimensional mark, representing the shape of an oval, for goods in Classes 16 and 30 (application No 9 554 171).
   
      Decision of the Examiner: Application refused.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the trade mark applied for has distinctive character and is not descriptive of the goods at issue in this case.