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Case T-244/12: Judgment of the General Court of 14 May 2013 — Unister v OHIM (fluege.de) (Community trade mark — Application for the Community word mark fluege.de — Absolute grounds for refusal — Descriptive character — No distinctive character — Distinctive character acquired through use — Article 7(1)(b) and (c) and Article 7(2) and (3) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0244
62012TA0244
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22.6.2013
Official Journal of the European Union
C 178/10
(Case T-244/12) (<span class="super">1</span>)
(Community trade mark - Application for the Community word mark fluege.de - Absolute grounds for refusal - Descriptive character - No distinctive character - Distinctive character acquired through use - Article 7(1)(b) and (c) and Article 7(2) and (3) of Regulation (EC) No 207/2009)
2013/C 178/18
Language of the case: German
Parties
Applicant: Unister GmbH (Leipzig (Germany)) (represented by: H. Hug and A. Kessler-Jensch, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 14 March 2012 (Case R 2149/2011-1) concerning an application for registration of the word sign fluege.de as a Community trade mark
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Unister GmbH to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
(<span class="super">1</span>) OJ C 217, 21.7.2012.