Judgment of the General Court of 19 September 2012 - Fraas v OHIM (Tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige)
(Case T-231/11)
(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009 )
Language of the case: German
Parties
Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially R. Manea then D. Walicka, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 March 2011 (Case R 2041/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders V. Fraas GmbH to pay the costs.
____________1 - OJ C 238, 13.8.2011.