Judgment of the General Court of 11 July 2013 – Think Schuhwerk v OHIM (Red shoelace end caps)

(Case T-208/12) ¹

(Community trade mark – Application for a Community trade mark – Red shoelace end caps – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Procedure by default)

Language of the case: German

Parties

Applicant: Think Schuhwerk GmbH (Kopfing, Austria) (represented by: M. Gail, lawyer)

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 First Board of Appeal of OHIM of 23 February 2012 (Case R 1552/2011-1), concerning an application for registration as a Community trade mark of a sign consisting of red shoelace end caps

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Think Schuhwerk GmbH to bear its own costs.

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¹     OJ C 209, 14.7.2012.