Source: EURLEX
Language: en
Format: md

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| 27.3.2010 | EN | Official Journal of the European Union | C 80/24 |

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Judgment of the General Court of 11 February 2010 — Deutsche BKK v OHIM (Deutsche BKK)

(Case T-289/08)[(1)](#ntr1-C_2010080EN.01002402-E0001)

(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))

2010/C 80/42

Language of the case: German

Parties

Applicant: Deutsche BKK (Wolfsburg, Germany) (represented by: H.-P. Schrammek, C. Drzymalla and S. Risthaus, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, Agent)

Re:

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders the Deutsche Betriebskrankenkasse (Deutsche BKK) to pay the costs. |

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