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Case T-188/13: Judgment of the General Court of 12 November 2014 — Murnauer Markenvertrieb v OHIM — Healing Herbs (NOTFALL) (Community trade mark — Invalidity proceedings — Community word mark NOTFALL — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 52(1)(a) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Equal treatment)
ECLI:EU:UNKNOWN:62013TA0188
62013TA0188
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22.12.2014
Official Journal of the European Union
C 462/23
(Case T-188/13)(1)
((Community trade mark - Invalidity proceedings - Community word mark NOTFALL - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 52(1)(a) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Equal treatment))
(2014/C 462/36)
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)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Healing Herbs Ltd (Walterstone, United Kingdom) (represented by: R. Price, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2013 (Case R 132/2012-4) relating to invalidity proceedings between Healing Herbs Ltd and Murnauer Markenvertrieb GmbH.
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) and by Healing Herbs Ltd.
(1) OJ C 156 of 1.6.2013.