Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Fifth Chamber) of 11 February 2010 – Deutsche BKK v OHIM (Deutsche BKK)**

**(Case T-289/08)**

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) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and (3) 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)

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Marks devoid of distinctive character – Exception – Distinctive character acquired through use (Council Regulation No 40/94, Art. 7(1)(b), (c) and (3) (see paras 40, 47-49,
95)

**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. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Deutsche BKK |
| Community trade mark sought: | Word mark Deutsche BKK for services in Classes 36, 41 and 44 – Application No 4724894 |
| Decision of the Examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

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

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