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Case T-7/10: Judgment of the General Court of 17 May 2011 — Diagnostiko kai Therapeftiko Kentro Athinon ‘Ygeia’ v OHIM (υγεία) (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)
ECLI:EU:UNKNOWN:62010TA0007
62010TA0007
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25.6.2011
Official Journal of the European Union
C 186/24
(Case T-7/10) (<span class="super">1</span>)
(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)
2011/C 186/44
Language of the case: Greek
Parties
Applicant: Diagnostiko kai Therapeftiko Kentro Athinon ‘Ygeia’ AE (Athens, Greece) (represented by: K. Alexiou and S. Foteas, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)
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
Operative part of the judgment
The Court:
1.dismisses the action;
2.orders Diagnostiko kai Therapeftiko Kentro Athinon ‘Ygeia’ AE to pay the costs.
(<span class="super">1</span>) OJ C 80, 27.3.2010.