Judgment of the General Court of 18 November 2014 — Think Schuhwerk v OHIM — Müller (VOODOO)
(Case T-50/13) 1
(Community trade mark — Invalidity proceedings — Community word mark VOODOO — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c)of Regulation (EC) No 207/2009 — Bad faith– Article 52(1)(b) of Regulation No 207/2009)
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: A. Schifko, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Andreas Müller (Ulm, Germany) (represented by: J. Pick, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 November 2012 (Case R 474/2012 4) concerning invalidity proceedings between Think Schuhwerk GmbH and Mr Andreas Müller
Operative part of the judgment
The Court:
1. dismisses the action;
2. orders Think Schuhwerk GmbH to pay the costs.
________________________1 OJ C 86, 23.3.2013.