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Case T-434/12: Action brought on 28 September 2012 — Steiff v OHIM (Fabric tag with metal button in the middle section of the ear of a soft toy)
ECLI:EU:UNKNOWN:62012TN0434
62012TN0434
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24.11.2012
EN
Official Journal of the European Union
C 366/39
(Case T-434/12)
2012/C 366/79
Language of the case: German
Parties
Applicant: Margarete Steiff GmbH (Giengen an der Brenz, Germany) (represented by D. Fissl, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 July 2012 in Case No R 1692/2011-1;
—Annul OHIM’s rejection of Community trade mark application No 9 439 654;
—Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the positional mark with which protection is claimed for a rectangular, elongated fabric tag fastened to the middle section of the ear of a soft toy by means of a gleaming or matt, round metal button for goods in Class 28 — Community trade mark application No 9 439 654
Decision of the Examiner: the application was rejected
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: infringement of Article 7(1)(b) of Regulation No 207/2009