Judgment of the General Court (Fifth Chamber) of 16 January 2014 — Steiff v OHIM (Fabric tag with metal button in the middle section of the ear of a soft toy)
(Case T‑434/12)
Community trade mark — Application for a Community trade mark consisting of a fabric tag with 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
1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17-21, 32, 39)
2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Mark consisting of a fabric tag with metal button in the middle section of the ear of a soft toy (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 24-44)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 19 July 2012 (Case R 1692/2011-1) concerning an application for registration of a sign consisting of a fabric tag with metal button in the middle section of the ear of a soft toy as a Community trade mark. |
Operative part
The Court:
2. | | Orders Margarete Steiff GmbH to pay the costs. |