Judgment of the General Court of 14 May 2013 - Unister v OHIM (fluege.de)
(Case T-244/12)
(Community trade mark - Application for the Community word mark fluege.de - Absolute grounds for refusal - Descriptive character - No distinctive character - Distinctive character acquired through use - Article 7(1)(b) and (c) and Article 7(2) and (3) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Unister GmbH (Leipzig (Germany)) (represented by: H. Hug and A. Kessler-Jensch, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 14 March 2012 (Case R 2149/2011-1) concerning an application for registration of the word sign fluege.de as a Community trade mark
Operative part of the judgment
The Court:
Dismisses the action;
Orders Unister GmbH to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
____________1 - OJ C 217, 21.7.2012.