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Case T-504/12: Judgment of the General Court of 12 November 2014 — Murnauer Markenvertrieb v OHIM (NOTFALL CREME) (Community trade mark — Application for Community figurative trade mark NOTFALL CREME — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Equal treatment)
ECLI:EU:UNKNOWN:62012TA0504
62012TA0504
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22.12.2014
Official Journal of the European Union
C 462/22
(Case T-504/12)(1)
((Community trade mark - Application for Community figurative trade mark NOTFALL CREME - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Equal treatment))
(2014/C 462/33)
Language of the case: German
Parties
Applicant: Murnauer Markenvertrieb GmbH (Egelsbach, Germany) (represented by: F. Traub and H. Daniel, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 September 2012 (Case R 271/2012-4) concerning an application for registration of the figurative sign NOTFALL CREME as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Murnauer Markenvertrieb GmbH to pay its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).
OJ C 26, 26.1.2013.