CELEX: 62008TJ0289
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)

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:
Deutsche BKK
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.