Source: EURLEX
Language: en
Format: md

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| 23.10.2010 | EN | Official Journal of the European Union | C 288/58 |

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Action brought on 27 August 2010 — Abbott Laboratories v OHIM (RESTORE)

(Case T-363/10)

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(2010/C 288/107)

Language in which the application was lodged: German

Parties

Applicant: Abbott Laboratories (Abbott Park, Illinois, United States of America) (represented by M. Kinkeldey, S. Schäffler and J. Springer, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 June 2010 in Case R 1560/2009-1; |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘RESTORE’ for goods in Class 10

Decision of the Examiner: rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law:

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|  | Infringement of the right to be heard as the Board of Appeal referred in its decision to evidence which was not adduced by the applicant; |

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|  | Infringement of Article 7(1)(c) of Regulation (EC) No 207/2009 [(1)](#ntr1-C_2010288EN.01005801-E0001) as the mark applied for is not a term which directly describes the goods covered by the application; |

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|  | Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009 as the mark applied for has the required distinctive character. |

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