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Case T-156/12: Judgment of the General Court of 12 December 2013 — Sweet Tec v OHIM (Shape of an oval) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of an oval — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2)
ECLI:EU:UNKNOWN:62012TA0156
62012TA0156
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8.2.2014
Official Journal of the European Union
C 39/18
(Case T-156/12)(<span class="super">1</span>)
(Community trade mark - Application for a three-dimensional Community trade mark - Shape of an oval - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2)
2014/C 39/30
Language of the case: German
Parties
Applicant: Sweet Tec GmbH (Boizenburg, Germany) (represented by: T. Nägele, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 19 January 2012 (Case R 542/2011-1) concerning an application for registration of a three-dimensional sign in the shape of an oval as a Community trade mark.
Operative part of the judgment
The Court:
1.The action is rejected;
2.Sweet Tec GmbH is ordered to pay the costs.
(<span class="super">1</span>) OJ C 165, 9.6.2012.