Judgment of the General Court of 12 December 2013 – Sweet Tec v OHIM (Shape of an oval)
(Case T-156/12) 1
(Community trade mark – Application for a three-dimensional Community trade mark – Shape of an oval – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2)
Language of the case: German
Parties
Applicant: Sweet Tec GmbH (Boizenburg, Germany) (represented by: T. Nägele, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 19 January 2012 (Case R 542/2011-1) concerning an application for registration of a three-dimensional sign in the shape of an oval as a Community trade mark.
Operative part of the judgment
The Court:
1. The action is rejected;
2. Sweet Tec GmbH is ordered to pay the costs.
________________________1 OJ C 165, 9.6.2012.