Judgment of the General Court of 12 November 2014 — Murnauer Markenvertrieb v OHIM — Healing Herbs (NOTFALL)
(Case T-188/13) 1
(Community trade mark — Invalidity proceedings — Community word mark NOTFALL — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 52(1)(a) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Equal treatment)
Language of the case: German
Parties
Applicant: Murnauer Markenvertrieb GmbH (Egelsbach, Germany) (represented by: F. Traub and H. Daniel, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Healing Herbs Ltd (Walterstone, United Kingdom) (represented by: R. Price, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2013 (Case R 132/2012-4) relating to invalidity proceedings between Healing Herbs Ltd and Murnauer Markenvertrieb GmbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Murnauer Markenvertrieb GmbH to pay its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by Healing Herbs Ltd.
________________________1 OJ C 156 of 1.6.2013.