CELEX: 62008TJ0586
Community trade mark
Application for the Community word mark BIOPIETRA
Absolute ground for refusal
Lack of distinctive character
Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the First Board of Appeal of OHIM of 16 October 2008 (Case R 889/2008-1) concerning
an application for registration of the word mark BIOPIETRA as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Kerma SpA
Community trade mark sought:
Word mark BIOPIETRA for goods in Class 19 – Application No 5658893
Decision of the Examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Kerma SpA to pay the costs.