Community trade mark Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) Application for the Community word mark BIOPIETRA
Sumário
Judgment of the General Court (Seventh Chamber) of 29 April 2010.
Kerma SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark BIOPIETRA - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009).
Case T-586/08.
Texto da decisão
Judgment of the General Court (Seventh Chamber) of 29 April 2010 – Kerma v OHIM (BIOPIETRA)
(Case T-586/08)
Community trade mark – Application for the Community word mark BIOPIETRA – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 21, 34)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 16 October 2008 (Case R 889/2008-1) concerning an application for registration of the word mark BIOPIETRA as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Kerma SpA |
|
Community trade mark sought: |
Word mark BIOPIETRA for goods in Class 19 – Application No 5658893 |
|
Decision of the Examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Kerma SpA to pay the costs. |