CELEX: 62011TA0427
Language: en
Date: 2013-02-21 00:00:00
Title: Case T-427/11: Judgment of the General Court of 21 February 2013 — Laboratoire Bioderma v OHIM — Cabinet Continental (BIODERMA) (Community trade mark — Invalidity proceedings — Community word mark BIODERMA — No infringement of the rights of the defence — Article 75 of Regulation (EC) No 207/2009 — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation No 207/2009)

13.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 108/23
            
         Judgment of the General Court of 21 February 2013 — Laboratoire Bioderma v OHIM — Cabinet Continental (BIODERMA)
   (Case T-427/11) (1)
   
   (Community trade mark - Invalidity proceedings - Community word mark BIODERMA - No infringement of the rights of the defence - Article 75 of Regulation (EC) No 207/2009 - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation No 207/2009)
   2013/C 108/62
   Language of the case: French
   
      Parties
   
   
      Applicant: Laboratoire Bioderma (Lyon, France) (represented by: A. Teston, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Cabinet Continental (Paris, France) (represented by: J.-C. Brun, lawyer)
   
      Re:
   
   Action brought against the decision of the First Board of Appeal of OHIM of 28 February 2011 (Case R 861/2009-1), relating to invalidity proceedings between Cabinet Continental and Laboratoire Bioderma
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 February 2011 (Case R 861/2009-1) in so far as concerns dietetic substances adapted for medical use, in Class 5;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders Laboratoire Bioderma to bear its own costs and half of those incurred by OHIM and Cabinet Continental;
            
         
               4.
            
            
               Orders OHIM and Cabinet Continental to bear half of their own costs.
            
         
      (1)  OJ C 298, 8.10.2011.