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Valentina R., lawyer
((Community trade mark - Application for Community figurative mark Yoghurt-Gums - Absolute grounds for refusal - Distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
2014/C 202/26
Language of the case: German
Applicant: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany) (represented by: T. Schmitz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)
Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 June 2012 (Case R 523/2012-4) concerning registration of the figurative sign Yoghurt-Gums as a Community trade mark.
The Court:
1.Dismisses the action;
2.Orders Katjes Fassin GmbH & Co. KG to pay the costs.
(1) OJ C 319, 20.10.2012.