CELEX: 62012TA0137
Language: en
Date: 2013-01-18 00:00:00
Title: Case T-137/12: Judgment of the General Court of 18 January 2013 — FunFactory v OHIM (Vibrator) (Community trade mark — Application for a three-dimensional trade mark — Vibrator — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — The first sentence of Article 75 of Regulation No 207/2009 — Rights of the defence — The second sentence of Article 75 of Regulation No 207/2009)

2.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/19
            
         Judgment of the General Court of 18 January 2013 — FunFactory v OHIM (Vibrator)
   (Case T-137/12) (1)
   
   (Community trade mark - Application for a three-dimensional trade mark - Vibrator - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - The first sentence of Article 75 of Regulation No 207/2009 - Rights of the defence - The second sentence of Article 75 of Regulation No 207/2009)
   2013/C 63/38
   Language of the case: German
   
      Parties
   
   
      Applicant: FunFactory GmbH (Brême, Germany) (represented by: K.-D. Franzen, laywer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
   
      Re:
   
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 January 2012 (Case R 1436/2011-4) concerning an application for registration of a three-dimensional sign representing a vibrator.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the application;
            
         
               2.
            
            
               Orders FunFactory GmbH to pay the costs.
            
         
      (1)  OJ C 157, 2.6. 2012.