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Judgment of the General Court (Third Chamber) of 17 May 2011. # Diagnostiko kai Therapeftiko Kentro Athinon « Ygeia » AE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark υγεία - Absolute grounds for refusal - No distinctive character and descriptive character - No distinctive character acquired through use - Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009. # Case T-7/10.

ECLI:EU:T:2011:221

62010TJ0007

May 17, 2011
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(Case T-7/10)

Community trade mark – Application for the Community word mark υγεία – Absolute grounds for refusal – No distinctive character and descriptive character – No distinctive character acquired through use – Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 4 November 2009 (Case R 190/2009-2), concerning an application for registration of the word sign υγεία as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Diagnostiko kai Therapeftiko Kentro Athinon ’Ygeia’ AE

Community trade mark sought:

Word sign υγεία for services in Class 44, medical services – Application No 7129001

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Confirmation of the decision of the examiner and rejection of the application for registration

Operative part

The Court:

1.Dismisses the action;

2.Orders Diagnostiko kai Therapeftiko Kentro Athinon ‘Ygeia’ AE to pay the costs.

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