CELEX: 62008TJ0586
Language: en
Date: 2010-04-29
Title: Judgment of the General Court (Seventh Chamber) of 29 April 2010. # Kerma SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark BIOPIETRA - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009). # Case T-586/08.

Judgment of the General Court (Seventh Chamber) of 29 April 2010 – Kerma v OHIM (BIOPIETRA)
      (Case T-586/08)
      Community trade mark – Application for the Community word mark BIOPIETRA – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 21, 34)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 16 October 2008 (Case R 889/2008-1) concerning
                  an application for registration of the word mark BIOPIETRA as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Kerma SpA
            
         
               Community trade mark sought:
            
            
               Word mark BIOPIETRA for goods in Class 19 – Application No 5658893
            
         
               Decision of the Examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Kerma SpA to pay the costs.