Source: EURLEX
Language: en
Format: md

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| 7.1.2012 | EN | Official Journal of the European Union | C 6/14 |

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Judgment of the General Court of 15 November 2011 — Abbot Laboratories v OHIM (RESTORE)

(Case T-363/10)[(1)](#ntr1-C_2012006EN.01001402-E0001)

(Community trade mark - Application for the Community word mark RESTORE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 - Infringement of the right to be heard - Obligation to state the reasons on which the decision is based - Article 75 of Regulation No 207/2009)

2012/C 6/24

Language of the case: German

Parties

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

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1560/2009-1), concerning an application for registration of the word mark RESTORE as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the application; |

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| 2. | Orders Abbott Laboratories to pay the costs. |

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