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Case T-208/12: Judgment of the General Court of 11 July 2013 — Think Schuhwerk v OHIM (Red shoelace end caps) (Community trade mark — Application for a Community trade mark — Red shoelace end caps — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Procedure by default)
ECLI:EU:UNKNOWN:62012TA0208
62012TA0208
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31.8.2013
Official Journal of the European Union
C 252/30
(Case T-208/12)(<span class="super">1</span>)
(Community trade mark - Application for a Community trade mark - Red shoelace end caps - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Procedure by default)
2013/C 252/49
Language of the case: German
Parties
Applicant: Think Schuhwerk GmbH (Kopfing, Austria) (represented by: M. Gail, lawyer)
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 First Board of Appeal of OHIM of 23 February 2012 (Case R 1552/2011-1), concerning an application for registration as a Community trade mark of a sign consisting of red shoelace end caps
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Think Schuhwerk GmbH to bear its own costs.
(<span class="super">1</span>) OJ C 209, 14.7.2012.