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Case T-137/12: Judgment of the General Court of 18 January 2013 — FunFactory v OHIM (Vibrator) (Community trade mark — Application for a three-dimensional trade mark — Vibrator — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — The first sentence of Article 75 of Regulation No 207/2009 — Rights of the defence — The second sentence of Article 75 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62012TA0137
62012TA0137
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Official Journal of the European Union
C 63/19
(Case T-137/12)(1)
(Community trade mark - Application for a three-dimensional trade mark - Vibrator - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - The first sentence of Article 75 of Regulation No 207/2009 - Rights of the defence - The second sentence of Article 75 of Regulation No 207/2009)
2013/C 63/38
Language of the case: German
Parties
Applicant: FunFactory GmbH (Brême, Germany) (represented by: K.-D. Franzen, laywer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 January 2012 (Case R 1436/2011-4) concerning an application for registration of a three-dimensional sign representing a vibrator.
Operative part of the judgment
The Court:
1.Dismisses the application;
2.Orders FunFactory GmbH to pay the costs.
OJ C 157, 2.6. 2012.