CELEX: 62012TA0244
Language: en
Date: 2013-05-14 00:00:00
Title: Case T-244/12: Judgment of the General Court of 14 May 2013 — Unister v OHIM (fluege.de) (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)

22.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 178/10
            
         Judgment of the General Court of 14 May 2013 — Unister v OHIM (fluege.de)
   (Case T-244/12) (1)
   
   (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:
   
               1.
            
            
               Dismisses the action;
            
         
               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).
            
         
      (1)  OJ C 217, 21.7.2012.