CELEX: 62012TN0137
Language: en
Date: 2012-03-19 00:00:00
Title: Case T-137/12: Action brought on 19 March 2012 — FunFactory v OHIM (three-dimensional mark in the shape of a vibrator)

2.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 157/10
            
         Action brought on 19 March 2012 — FunFactory v OHIM (three-dimensional mark in the shape of a vibrator)
   (Case T-137/12)
   2012/C 157/17
   Language of the case: German
   
      Parties
   
   
      Applicant: FunFactory GmbH (Bremen, Germany) (represented by K.-D. Franzen, 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 contested decision (R 1436/2011-4) of the Fourth Board of Appeal of OHIM of 19 January 2012;
            
         
               —
            
            
               order OHIM to pay the costs of the proceedings, including those incurred in the proceedings before the Board of Appeal.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: three-dimensional mark in the shape of a vibrator (application No 9 390 691) for goods in Class 10
   
      Decision of the Examiner: refusal to register
   
      Decision of the Board of Appeal: dismissal of the appeal
   
      Pleas in law: incorrect interpretation and application of Article 7(1)(b) of Regulation No 207/2009, since the mark applied for is distinctive and is not descriptive of the goods in respect of which registration is sought. Infringement of the duty to state reasons laid down in Article 73(1) of Regulation No 207/2009 and of the right to be heard.