4.8.2014
EN
Official Journal of the European Union
C 253/25
Judgment of the General Court of 24 June 2014 — Unister v OHIM (Ab in den Urlaub)
(Case T-273/12) (1)
((Community trade mark - Application for Community word mark Ab in den Urlaub - Mark consisting of an advertising slogan - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Absence of evidence of distinctive character acquired through use - Article 7(3) of Regulation No 207/2009))
2014/C 253/35
Language of the case: German
Parties
Applicant: Unister GmbH (Leipzig, Germany) (represented by: H. Hug and A. Kessler-Jensch, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka and R. Pethke, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 3 April 2012 (Case R 2150/2011-1), concerning an application for registration of the word mark Ab in den Urlaub as a Community trade mark.
Operative part of the judgment
The Court:
1)
Dismisses the action;
2)
Orders Unister GmbH to pay the costs.
(1) OJ C 243, 11.8.2012.
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