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Case C-21/12 P: Order of the Court (Tenth Chamber) of 17 January 2013 — Abbott Laboratories v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Word mark ‘RESTORE’ — Refusal to register — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Right to be heard — Regulation (EC) No 207/2009 — Articles 7 (1(b) and (c) and 75, second sentence — Equal treatment)
ECLI:EU:UNKNOWN:62012CB0021
62012CB0021
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Official Journal of the European Union
C 108/7
(Case C-21/12 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Word mark ‘RESTORE’ - Refusal to register - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Right to be heard - Regulation (EC) No 207/2009 - Articles 7 (1(b) and (c) and 75, second sentence - Equal treatment)
2013/C 108/13
Language of the case: German
Parties
Appellant: Abbott Laboratories (represented by: R. Niebel, Rechtsanwalt)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, agent)
Re:
Appeal brought against the judgment of the General Court (Sixth Chamber) of 15 November 2011 in Case T-363/10 Abbott Laboratories v OHIM, by which the General Court dismissed the appellant’s action against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1560/2009-1), concerning an application for registration of the word mark RESTORE as a Community trade mark — Infringement of Article 7(1)(b) and (c) and of Article 75 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Distinctiveness of the word mark RESTORE
Operative part of the order
1.The appeal is dismissed.
2.Abbott Laboratories is ordered to pay the costs.
(<span class="super">1</span>) OJ C 98, 31.3.2012.
* Language of the case: German.