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Judgment of the General Court (Sixth Chamber) of 15 November 2011. # Abbott Laboratories v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-363/10.
ECLI:EU:T:2011:662
62010TJ0363
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(Case T-363/10)
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 – Duty to state reasons – Article 75 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 (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 29, 36-37)
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
The Court:
1.Dismisses the application;
2.Orders Abbott Laboratories to pay the costs.