Judgment of the General Court of 19 September 2012 - Fraas v OHIM (Tartan pattern in dark grey, light grey, black, beige, dark red and light red)
(Case T-50/11)
(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red - 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)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt then D. Walicka, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 November 2010 (Case R 1316/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red 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 89, 19.3.2011.