Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Third Chamber) of 17 May 2011 – Diagnostiko kai Therapeftiko Kentro Athinon ‘Ygeia’ v OHIM
(υγεία)**

**(Case T-7/10)**

Community trade mark – Application for the Community word mark υγεία – Absolute grounds for refusal – No distinctive character and descriptive character – No distinctive character acquired through use – Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009

1.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
of distinctive character – Exception (Council Regulation No 207/2009, Arts 1(2) and 7(2) and (3)) (see paras 40-41, 50-52)*

2.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed
exclusively of signs or indications capable of serving to designate the characteristics of a product or service – No acquisition
of distinctive character through use (Council Regulation No 207/2009, Art. 7(1)(c) and (3)) (see paras 22, 30, 65)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 4 November 2009 (Case R 190/2009-2), concerning an application for registration of the word sign υγεία as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Diagnostiko kai Therapeftiko Kentro Athinon ’Ygeia’ AE |
| Community trade mark sought: | Word sign υγεία for services in Class 44, medical services – Application No 7129001 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Confirmation of the decision of the examiner and rejection of the application for registration |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Diagnostiko kai Therapeftiko Kentro Athinon ‘Ygeia’ AE to pay the costs. |

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