Judgment of the General Court of 11 July 2013 – Think Schuhwerk v OHIM (Red shoelace end caps)
(Case T-208/12) 1
(Community trade mark – Application for a Community trade mark – Red shoelace end caps – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Procedure by default)
Language of the case: German
Parties
Applicant: Think Schuhwerk GmbH (Kopfing, Austria) (represented by: M. Gail, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 23 February 2012 (Case R 1552/2011-1), concerning an application for registration as a Community trade mark of a sign consisting of red shoelace end caps
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Think Schuhwerk GmbH to bear its own costs.
____________1 OJ C 209, 14.7.2012.