21.3.2016   

EN

Official Journal of the European Union

C 106/34


Judgment of the General Court of 5 February 2016 — Airpressure Bodyforming v OHIM (Slim legs by airpressure bodyforming)

(Case T-842/14) (1)

((Community trade mark - Application for Community word mark Slim legs by airpressure bodyforming - Refusal of registration by the examiner - Absolute grounds for refusal - Descriptive character - Lack of descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2016/C 106/38)

Language of the case: German

Parties

Applicant: Airpressure Bodyforming GmbH (Berchtesgaden, Germany) (represented by: S. Merz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Martini and M. Fischer, acting as Agents)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 29 October 2014 (Case R 1570/2014-5) concerning an application for registration of the word sign Slim legs by airporessure bodyforming as a Community trade mark.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders Airpressure Bodyforming GmbH to pay the costs.


(1)  OJ C 65, 23.3.2015.