Judgment of the General Court of 18 January 2013 — FunFactory v OHIM (Vibrator)

(Case T-137/12) (1)

(Community trade mark - Application for a three-dimensional trade mark - Vibrator - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - The first sentence of Article 75 of Regulation No 207/2009 - Rights of the defence - The second sentence of Article 75 of Regulation No 207/2009)

2013/C 63/38

Language of the case: German

Parties

Applicant: FunFactory GmbH (Brême, Germany) (represented by: K.-D. Franzen, laywer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 January 2012 (Case R 1436/2011-4) concerning an application for registration of a three-dimensional sign representing a vibrator.

Operative part of the judgment

The Court:

(1)  OJ C 157, 2.6. 2012.