Judgment — ECLI:EU:T:2010:171
Date: 2010-04-29
Language of the case: Italian
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court of 29 April 2010 - Kerma v OHIM (BIOPIETRA) (Case T-586/08) 1 (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)) Language of the case: Italian Parties Applicant: Kerma SpA (Raffa di Puegnago sul Garda, Italy) (represented by: A. Manzoni, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: O. Montalto, Agent) Re: 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. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Kerma SpA to pay the costs. ____________ 1 - OJ C 55, 7.3.2009.