CELEX: 62010TN0363
Language: en
Date: 2010-08-27 00:00:00
Title: Case T-363/10: Action brought on 27 August 2010 — Abbott Laboratories v OHIM (RESTORE)

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/58
            
         
      Action brought on 27 August 2010 — Abbott Laboratories v OHIM (RESTORE)
      (Case T-363/10)
      ()
      (2010/C 288/107)
      Language in which the application was lodged: German
      
         Parties
      
      
         Applicant: Abbott Laboratories (Abbott Park, Illinois, United States of America) (represented by M. Kinkeldey, S. Schäffler and J. Springer, lawyers)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
      
         Form of order sought
      
      
                  —
               
               
                  Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 June 2010 in Case R 1560/2009-1;
               
            
                  —
               
               
                  Order the defendant to pay the costs.
               
            
         Pleas in law and main arguments
      
      
         Community trade mark concerned: the word mark ‘RESTORE’ for goods in Class 10
      
         Decision of the Examiner: rejection of the application
      
         Decision of the Board of Appeal: dismissal of the appeal
      
         Pleas in law:
      
      
                   
               
               
                  Infringement of the right to be heard as the Board of Appeal referred in its decision to evidence which was not adduced by the applicant;
               
            
                   
               
               
                  Infringement of Article 7(1)(c) of Regulation (EC) No 207/2009 (1) as the mark applied for is not a term which directly describes the goods covered by the application;
               
            
                   
               
               
                  Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009 as the mark applied for has the required distinctive character.
               
            
         (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).