CELEX: 62010TJ0087
Language: en
Date: 2011-10-11
Title: Judgment of the General Court (Second Chamber) of 11 October 2011. # Chestnut Medical Technologies, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for registration of the Community word mark PIPELINE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Obligation to state the reasons on which the decision is based - Article 75 of Regulation No 207/2009. # Case T-87/10.

Judgment of the General Court (Second Chamber) of 11 October 2011 – Chestnut Medical Technologies v OHIM (PIPELINE)
      (Case T-87/10)
      Community trade mark – Application for registration of the Community word mark PIPELINE – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 – Duty to state reasons – Article 75 of Regulation No 207/2009
      1.                     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 (Council Regulation No 207/2009,
            Art. 7(1)(c)) (see paras 23, 27-29)
      2.                     Community trade mark – Procedural provisions – Statement of reasons for decisions (Art. 296 TFEU; Council Regulation No 207/2009,
            Art. 75) (see paras 39-41)
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 December 2009 (Case R 968/2009‑2) concerning
                  an application for registration of the word mark PIPELINE as a Community trade mark.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Chestnut Medical Technologies, Inc. to pay the costs.