Judgment of the General Court of 8 November 2012 - Hartmann v OHIM (Nutriskin Protection Complex)
(Case T-415/11)
(Community trade mark - Application for the Community word mark Nutriskin Protection Complex - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Lack of distinctive character - Article 7(1)(b) of Regulation No 207/2009 - OHIM's decision-making practice - Obligation to state reasons - Article 75 of Regulation No 207/2009)
Language of the case: German
Parties
Applicant: Paul Hartmann AG (Heidenheim an der Brenz, Germany) (represented by: N. Aicher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and A. Poch, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 26 May 2011 (Case R 1524/2010-1), concerning an application for registration of the sign Nutriskin Protection Complex as a Community trade mark
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Paul Hartmann AG to pay the costs.
____________1 - OJ C 298, 8.10.2011.