CELEX: 62012CB0410
Language: en
Date: 2013-10-16 00:00:00
Title: Case C-410/12 P: Order of the Court (Sixth Chamber) of 16 October 2013 — medi GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Application for registration of the Community word mark medi — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) and 7(2) of Regulation (EC) No 207/2009 — Distortion of the evidence — None)

21.12.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 377/3
            
         Order of the Court (Sixth Chamber) of 16 October 2013 — medi GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case C-410/12 P) (1)
   
   (Appeal - Community trade mark - Application for registration of the Community word mark medi - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) and 7(2) of Regulation (EC) No 207/2009 - Distortion of the evidence - None)
   2013/C 377/04
   Language of the case: German
   
      Parties
   
   
      Appellant: medi GmbH & Co. KG (represented by: D. Terheggen, Rechtsanwalt)
   
      Other party: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
   
      Re:
   
   Appeal against the judgment of the General Court (Sixth Chamber) of 12 July 2012 in Case T-470/09 medi v OHIM by which the General Court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 1 October 2009 (Case R 692/2008-4) concerning an application for registration of the word sign ‘medi’ as a Community trade mark — Infringement of Article 7(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Distinctive character of the word sign ‘medi’
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               medi GmbH & Co. KG is ordered to pay the costs.
            
         
      (1)  OJ C 331, 27.10.2012.