Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 13.4.2013 | EN | Official Journal of the European Union | C 108/23 |

---

Judgment of the General Court of 21 February 2013 — Laboratoire Bioderma v OHIM — Cabinet Continental (BIODERMA)

(Case T-427/11)[(1)](#ntr1-C_2013108EN.01002303-E0001)

(Community trade mark - Invalidity proceedings - Community word mark BIODERMA - No infringement of the rights of the defence - Article 75 of Regulation (EC) No 207/2009 - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation No 207/2009)

2013/C 108/62

Language of the case: French

Parties

Applicant: Laboratoire Bioderma (Lyon, France) (represented by: A. Teston, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Cabinet Continental (Paris, France) (represented by: J.-C. Brun, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 February 2011 (Case R 861/2009-1), relating to invalidity proceedings between Cabinet Continental and Laboratoire Bioderma

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 February 2011 (Case R 861/2009-1) in so far as concerns dietetic substances adapted for medical use, in Class 5; |

|  |  |
| --- | --- |
| 2. | Dismisses the action as to the remainder; |

|  |  |
| --- | --- |
| 3. | Orders Laboratoire Bioderma to bear its own costs and half of those incurred by OHIM and Cabinet Continental; |

|  |  |
| --- | --- |
| 4. | Orders OHIM and Cabinet Continental to bear half of their own costs. |

---

[Top](#document1)