Action brought on 28 September 2012 - Steiff v OHIM (Metal button in the middle section of the ear of a soft toy)

(Case T-433/12)

Language of the case: German

Parties

Applicant: Margarete Steiff GmbH (Giengen an der Brenz, Germany) (represented by D. Fissl, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2012 in Case R 1693/2011-1;

Annul OHIM's rejection of Community trade mark application No 9 439 613;

Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the positional mark with which protection is claimed for a gleaming or matt, round metal button fastened to the middle section of the ear of a soft toy for goods in Class 28 - Community trade mark application No 9 439 613

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: infringement of Article 7(1)(b) of Regulation No 207/2009

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