CELEX: 62012CB0021
Language: en
Date: 2013-01-17 00:00:00
Title: Case C-21/12 P: Order of the Court (Tenth Chamber) of 17 January 2013 — Abbott Laboratories v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Word mark ‘RESTORE’ — Refusal to register — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Right to be heard — Regulation (EC) No 207/2009 — Articles 7 (1(b) and (c) and 75, second sentence — Equal treatment)

13.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 108/7
            
         Order of the Court (Tenth Chamber) of 17 January 2013 — Abbott Laboratories v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case C-21/12 P) (1)
   
   (Appeal - Community trade mark - Word mark ‘RESTORE’ - Refusal to register - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Right to be heard - Regulation (EC) No 207/2009 - Articles 7 (1(b) and (c) and 75, second sentence - Equal treatment)
   2013/C 108/13
   Language of the case: German
   
      Parties
   
   
      Appellant: Abbott Laboratories (represented by: R. Niebel, Rechtsanwalt)
   
      Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, agent)
   
      Re:
   
   Appeal brought against the judgment of the General Court (Sixth Chamber) of 15 November 2011 in Case T-363/10 Abbott Laboratories v OHIM, by which the General Court dismissed the appellant’s action 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 — Infringement of Article 7(1)(b) and (c) and of Article 75 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Distinctiveness of the word mark RESTORE
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Abbott Laboratories is ordered to pay the costs.
            
         
      (1)  OJ C 98, 31.3.2012.