CELEX: 62010TA0363
Language: en
Date: 2011-11-15 00:00:00
Title: Case T-363/10: Judgment of the General Court of 15 November 2011 — Abbot Laboratories v OHIM (RESTORE) (Community trade mark — Application for the Community word mark RESTORE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Infringement of the right to be heard — Obligation to state the reasons on which the decision is based — Article 75 of Regulation No 207/2009)

7.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/14
            
         Judgment of the General Court of 15 November 2011 — Abbot Laboratories v OHIM (RESTORE)
   (Case T-363/10) (1)
   
   (Community trade mark - Application for the Community word mark RESTORE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 - Infringement of the right to be heard - Obligation to state the reasons on which the decision is based - Article 75 of Regulation No 207/2009)
   2012/C 6/24
   Language of the case: German
   
      Parties
   
   
      Applicant: Abbott Laboratories (Abbot Park, Illinois, United States) (represented by: M. Kinkeldey, S. Schäffler and J. Springer, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, agent)
   
      Re:
   
   Action brought 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.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the application;
            
         
               2.
            
            
               Orders Abbott Laboratories to pay the costs.
            
         
      (1)  OJ C 288, 23.10.2010