Action brought on 10 August 2012 - Katjes Fassin v OHIM (Yoghurt-Gums)

(Case T-366/12)

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)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 June 2012 in Case R 523/2012-4 and amend it in such a way that the appeal is dismissed in its entirety;

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the figurative mark including the word element 'Yoghurt-Gums' for goods in Classes 6, 24 and 30 - Community trade mark application No 9 455 197

Decision of the Examiner: partial rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law:

Infringement of Article 7(1)(c) of Regulation No 207/2009

Infringement of Article 7(1)(b) of Regulation No 207/2009

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