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Case T-366/12: Action brought on 10 August 2012 — Katjes Fassin v OHIM (Yoghurt-Gums)
ECLI:EU:UNKNOWN:62012TN0366
62012TN0366
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Official Journal of the European Union
C 319/12
(Case T-366/12)
2012/C 319/22
Language of the case: German
Parties
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)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 June 2012 in Case R 523/2012-4 and amend it in such a way that the appeal is dismissed in its entirety;
—order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the figurative mark including the word element ‘Yoghurt-Gums’ for goods in Classes 6, 24 and 30 — Community trade mark application No 9 455 197
Decision of the Examiner: partial rejection of the application
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law:
—Infringement of Article 7(1)(c) of Regulation No 207/2009
—Infringement of Article 7(1)(b) of Regulation No 207/2009