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Case T-363/10: Judgment of the General Court of 15 November 2011 — Abbot Laboratories v OHIM (RESTORE) (Community trade mark — Application for the Community word mark RESTORE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Infringement of the right to be heard — Obligation to state the reasons on which the decision is based — Article 75 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62010TA0363
62010TA0363
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Official Journal of the European Union
C 6/14
(Case T-363/10)(<span class="super">1</span>)
(Community trade mark - Application for the Community word mark RESTORE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 - Infringement of the right to be heard - Obligation to state the reasons on which the decision is based - Article 75 of Regulation No 207/2009)
2012/C 6/24
Language of the case: German
Parties
Applicant: Abbott Laboratories (Abbot Park, Illinois, United States) (represented by: M. Kinkeldey, S. Schäffler and J. Springer, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, agent)
Re:
Action brought 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.
Operative part of the judgment
The Court:
1.Dismisses the application;
2.Orders Abbott Laboratories to pay the costs.
(<span class="super">1</span>) OJ C 288, 23.10.2010