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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.
ECLI:EU:T:2010:171
62008TJ0586
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(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:
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.