Judgment of the General Court of 7 November 2014 — Kaatsu Japan v OHIM (KAATSU)
(Case T-567/12) 1
(Community trade mark — Application for Community word mark KAATSU — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Rights of the defence — Article 75, second sentence, of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: Kaatsu Japan Co. Ltd (Tokyo, Japan) (represented by: M. Edenborough QC)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar and I. Harrington, acting as Agents)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 9 October 2012 (Case R 435/2012-2), relating to an application for registration of the word sign KAATSU as a Community trade mark.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Kaatsu Japan Co. Ltd to pay the costs.
________________________1 OJ C 63, 2.3.2013.