Judgment of the General Court of 15 May 2014 — Katjes Fassin v OHIM (Yoghurt-Gums)
(Case T-366/12) 1
(Community trade mark — Application for Community figurative mark Yoghurt-Gums — Absolute grounds for refusal — Distinctive character — Descriptive character — Article 7(1)( b) and (c) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany) (represented by: T. Schmitz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 June 2012 (Case R 523/2012-4) concerning registration of the figurative sign Yoghurt-Gums as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Katjes Fassin GmbH & Co. KG to pay the costs.
________________________1 OJ C 319, 20.10.2012.