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Judgment of the General Court (Fifth Chamber) of 11 February 2010. # Deutsche Betriebskrankenkasse (Deutsche BKK) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark Deutsche BKK - Absolute ground for refusal - Descriptive character and no distinctive character - No distinctive character acquired through use - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009) - Article 73 and Article 74(1), first sentence, of Regulation No 40/94 (now Article 75 and Article 76(1), first sentence, of Regulation No 207/2009). # Case T-289/08.
ECLI:EU:T:2010:36
62008TJ0289
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(Case T-289/08)
Community trade mark – Application for Community word mark Deutsche BKK – Absolute ground for refusal – Descriptive character and no distinctive character – No distinctive character acquired through use – Article 7(1)(b) and (c) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009) – Article 73 and Article 74(1), first sentence, of Regulation No 40/94 (now Article 75 and Article 76(1), first sentence, of Regulation No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Marks devoid of distinctive character – Exception – Distinctive character acquired through use (Council Regulation No 40/94, Art. 7(1)(b), (c) and (3) (see paras 40, 47-49, 95)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 29 May 2008 (Case R 318/2008‑4) concerning an application for registration of the word mark ‘Deutsche BKK’ as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark Deutsche BKK for services in Classes 36, 41 and 44 – Application No 4724894
Decision of the Examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Deutsche Betriebskrankenkasse (Deutsche BKK) to pay the costs.