Judgment of the General Court of 16 January 2014 – Steiff v OHIM (Metal button in the middle section of the ear of a soft toy)
(Case T-433/12) 1
(Community trade mark – Application for a Community trade mark consisting of fixing a metal button in the middle section of the ear of a soft toy – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EC) 207/2009)
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) (represented by: A. Pohlmann, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 23 July 2012 (Case R 1693/2011-1) concerning an application for registration of a sign consisting of fixing of a metal button in the middle section of the ear of a soft toy as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Margarete Steiff GmbH to pay the costs.
____________1 OJ C 366, 24.11.2012.