CELEX: 62011TA0263
Language: en
Date: 2013-02-06 00:00:00
Title: Case T-263/11: Judgment of the General Court of 6 February 2013 — Bopp v OHIM (Representation of a green octagonal frame) (Community trade mark — Application for a Community figurative mark representing a green octagonal frame — Absolute ground for refusal — Distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Offer of evidence submitted for the first time in the reply — Article 48(1) of the Rules of Procedure of the General Court — Document sent to OHIM by fax — Applicable rules)

16.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 79/15
            
         Judgment of the General Court of 6 February 2013 — Bopp v OHIM (Representation of a green octagonal frame)
   (Case T-263/11) (1)
   
   (Community trade mark - Application for a Community figurative mark representing a green octagonal frame - Absolute ground for refusal - Distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Offer of evidence submitted for the first time in the reply - Article 48(1) of the Rules of Procedure of the General Court - Document sent to OHIM by fax - Applicable rules)
   2013/C 79/26
   Language of the case: German
   
      Parties
   
   
      Applicant: Carsten Bopp (Glashütten, Germany) (represented by: C. Russ, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and D. Walicka initially, then by K. Klüpfel and A. Pohlmann, Agents)
   
      Re:
   
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 March 2011 (Case R 605/2010-4), concerning an application for registration as a Community trade mark of a figurative sign representing a green octagonal frame.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 March 2011 (Case R 605/2010-4);
            
         
               2.
            
            
               Orders OHIM to pay the costs.
            
         
      (1)  OJ C 238, 13.8.2011.