I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
2012/C 13/40
Language of the case: German
Applicant: Dr. August Oetker Nahrungsmittel KG (Bielefeld, Germany) (represented by: F. Graf von Stosch, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
—Annul the decision of the Grand Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 July 2011 in Case R 1798/2010-G;
—Order OHIM to pay the costs.
Community trade mark concerned: Word mark ‘La qualité est la meilleure des recettes’ for goods in Classes 16, 29, 30 and 32.
Decision of the Examiner: Partial refusal of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Articles 7(1)(b) and 7(3) of Regulation No 207/2009, since the Community trade mark concerned is distinctive.
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