CELEX: 62008TN0586
Language: en
Date: 2008-12-24 00:00:00
Title: Case T-586/08: Action brought on 24 December 2008 — Kerma v OHIM (BIOPIETRA)

7.3.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 55/45
            
         Action brought on 24 December 2008 — Kerma v OHIM (BIOPIETRA)
   (Case T-586/08)
   (2009/C 55/80)
   Language in which the application was lodged: Italian
   Parties
   
      Applicant: Kerma SpA (Puegnago sul Garda, Italy) (represented by A. Manzoni, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               declare that the trade mark BIOPIETRO conforms with Article 4 of the Trade Mark Regulation and is not devoid of any distinctive character within the meaning of Article 7(1)(b) of that regulation;
            
         
               —
            
            
               order OHIM to pay the costs in the event of its being unsuccessful.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Word mark ‘BIOPIETRA’ (application for registration No 5.658.893), for goods in Class 19.
   
      Decision of the Examiner: Rejection of the application for registration.
   
      Decision of the Board of Appeal: Rejection of the appeal.
   
      Pleas in law: Infringement and incorrect application of Article 7(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.