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(Case T-567/12)(<span class="super">1</span>)
((Community trade mark - Application for Community word mark KAATSU - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Rights of the defence - Article 75, second sentence, of Regulation No 207/2009))
(2014/C 462/34)
Language of the case: English
Applicant: Kaatsu Japan Co. Ltd (Tokyo, Japan) (represented by: M. Edenborough QC)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar and I. Harrington, acting as Agents)
Action brought against the decision of the Second Board of Appeal of OHIM of 9 October 2012 (Case R 435/2012-2), relating to an application for registration of the word sign KAATSU as a Community trade mark.
The Court:
1.Dismisses the action;
2.Orders Kaatsu Japan Co. Ltd to pay the costs.
(<span class="super">1</span>) OJ C 63, 2.3.2013.