Judgment of the General Court of 15 April 2010 - Katjes Fassin v OHIM (shape of a panda face)
(Community trade mark - Refusal of registration by the examiner - Withdrawal of the application for registration - No need to rule)
Language of the case: German
Parties
Applicant: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany) (represented by: T. Schmitz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Jenewein, later by C. Jenewein and G. Schneider, Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 (Case R 1299/2006-4) concerning an application for registration as a Community trade mark of a three-dimensional mark showing a panda face in black, white and red.
Operative part of the judgment
The Court:
1. Holds that there is no need to rule on the action;
2. Orders the applicant to pay the costs.
____________1 - OJ C 69, 21.3.2009.