Community trade mark Absolute ground for refusal Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009) No distinctive character acquired through use Application for Community word mark Deutsche BKK Descriptive character and no distinctive character Article 73 and Article 74(1), first sentence, of Regulation No 40/94 (now Article 75 and Article 76(1), first sentence, of Regulation No 207/2009)
Sumário
Judgment of the General Court (Fifth Chamber) of 11 February 2010.
Deutsche Betriebskrankenkasse (Deutsche BKK) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community word mark Deutsche BKK - Absolute ground for refusal - Descriptive character and no distinctive character - No distinctive character acquired through use - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009) - Article 73 and Article 74(1), first sentence, of Regulation No 40/94 (now Article 75 and Article 76(1), first sentence, of Regulation No 207/2009).
Case T-289/08.
Texto da decisão
Judgment of the General Court (Fifth Chamber) of 11 February 2010 – Deutsche BKK v OHIM (Deutsche BKK)
(Case T-289/08)
Community trade mark – Application for Community word mark Deutsche BKK – Absolute ground for refusal – Descriptive character and no distinctive character – No distinctive character acquired through use – Article 7(1)(b) and (c) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009) – Article 73 and Article 74(1), first sentence, of Regulation No 40/94 (now Article 75 and Article 76(1), first sentence, of Regulation No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Marks devoid of distinctive character – Exception – Distinctive character acquired through use (Council Regulation No 40/94, Art. 7(1)(b), (c) and (3) (see paras 40, 47-49, 95)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 29 May 2008 (Case R 318/2008‑4) concerning an application for registration of the word mark ‘Deutsche BKK’ as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Deutsche BKK |
|
Community trade mark sought: |
Word mark Deutsche BKK for services in Classes 36, 41 and 44 – Application No 4724894 |
|
Decision of the Examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Deutsche Betriebskrankenkasse (Deutsche BKK) to pay the costs. |