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Case T-50/11: Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in dark grey, light grey, black, beige, dark red and light red) (Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62011TA0050
62011TA0050
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27.10.2012
Official Journal of the European Union
C 331/21
(Case T-50/11) (*)
(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
(2012/C 331/36)
Language of the case: German
Parties
Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt then D. Walicka, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 November 2010 (Case R 1316/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders V. Fraas GmbH to pay the costs.
(*)
Language of the case: German.
ECLI:EU:C:2012:140