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Case T-427/11: Judgment of the General Court of 21 February 2013 — Laboratoire Bioderma v OHIM — Cabinet Continental (BIODERMA) (Community trade mark — Invalidity proceedings — Community word mark BIODERMA — No infringement of the rights of the defence — Article 75 of Regulation (EC) No 207/2009 — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62011TA0427
62011TA0427
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Official Journal of the European Union
C 108/23
(Case T-427/11)(<span class="super">1</span>)
(Community trade mark - Invalidity proceedings - Community word mark BIODERMA - No infringement of the rights of the defence - Article 75 of Regulation (EC) No 207/2009 - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation No 207/2009)
2013/C 108/62
Language of the case: French
Parties
Applicant: Laboratoire Bioderma (Lyon, France) (represented by: A. Teston, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Cabinet Continental (Paris, France) (represented by: J.-C. Brun, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 28 February 2011 (Case R 861/2009-1), relating to invalidity proceedings between Cabinet Continental and Laboratoire Bioderma
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 February 2011 (Case R 861/2009-1) in so far as concerns dietetic substances adapted for medical use, in Class 5;
2.Dismisses the action as to the remainder;
3.Orders Laboratoire Bioderma to bear its own costs and half of those incurred by OHIM and Cabinet Continental;
4.Orders OHIM and Cabinet Continental to bear half of their own costs.
(<span class="super">1</span>) OJ C 298, 8.10.2011.