Judgment of the General Court of 19 September 2012 - Fraas v OHIM (Tartan pattern in light grey, dark grey, beige, dark red and brown)
(Case T-326/10)
(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in light grey, dark grey, beige, dark red and brown - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt, then D. Walicka, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 June 2010 (Case R 188/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in light grey, dark grey, beige, dark red and brown as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders V. Fraas GmbH to pay the costs.
____________1 - OJ C 288, 23.10.2011.