CELEX: 62010TJ0007
Language: en
Date: 2011-05-17
Title: Judgment of the General Court (Third Chamber) of 17 May 2011. # Diagnostiko kai Therapeftiko Kentro Athinon « Ygeia » AE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-7/10.

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.