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Case T-363/10: Action brought on 27 August 2010 — Abbott Laboratories v OHIM (RESTORE)
ECLI:EU:UNKNOWN:62010TN0363
62010TN0363
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Valentina R., lawyer
23.10.2010
EN
Official Journal of the European Union
C 288/58
(Case T-363/10)
()
(2010/C 288/107)
Language in which the application was lodged: German
Parties
Applicant: Abbott Laboratories (Abbott Park, Illinois, United States of America) (represented by M. Kinkeldey, S. Schäffler and J. Springer, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 June 2010 in Case R 1560/2009-1;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘RESTORE’ for goods in Class 10
Decision of the Examiner: rejection of the application
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law:
Infringement of the right to be heard as the Board of Appeal referred in its decision to evidence which was not adduced by the applicant;
Infringement of Article 7(1)(c) of Regulation (EC) No 207/2009 (1) as the mark applied for is not a term which directly describes the goods covered by the application;
Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009 as the mark applied for has the required distinctive character.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).