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Case T-433/12: Judgment of the General Court of 16 January 2014 — Steiff v OHIM (Metal button in the middle section of the ear of a soft toy) (Community trade mark — Application for a Community trade mark consisting of fixing a metal button in the middle section of the ear of a soft toy — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) 207/2009)
ECLI:EU:UNKNOWN:62012TA0433
62012TA0433
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22.2.2014
Official Journal of the European Union
C 52/35
(Case T-433/12) (<span class="super">1</span>)
(Community trade mark - Application for a Community trade mark consisting of fixing a metal button in the middle section of the ear of a soft toy - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) 207/2009)
2014/C 52/66
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) (represented by: A. Pohlmann, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 23 July 2012 (Case R 1693/2011-1) concerning an application for registration of a sign consisting of fixing of a metal button in the middle section of the ear of a soft toy as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Margarete Steiff GmbH to pay the costs.
(<span class="super">1</span>) OJ C 366, 24.11.2012.