CELEX: 62008TJ0289
Language: en
Date: 2010-02-11
Title: Judgment of the General Court (Fifth Chamber) of 11 February 2010. # Deutsche Betriebskrankenkasse (Deutsche BKK) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark Deutsche BKK - Absolute ground for refusal - Descriptive character and no distinctive character - No distinctive character acquired through use - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009) - Article 73 and Article 74(1), first sentence, of Regulation No 40/94 (now Article 75 and Article 76(1), first sentence, of Regulation No 207/2009). # Case T-289/08.

Judgment of the General Court (Fifth Chamber) of 11 February 2010 – Deutsche BKK v OHIM (Deutsche BKK)
      (Case T-289/08)
      Community trade mark – Application for Community word mark Deutsche BKK – Absolute ground for refusal – Descriptive character and no distinctive character – No distinctive character acquired through use – Article 7(1)(b) and (c) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009)
         – Article 73 and Article 74(1), first sentence, of Regulation No 40/94 (now Article 75 and Article 76(1), first sentence, of
         Regulation No 207/2009)
      
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Marks devoid of distinctive character – Exception – Distinctive character acquired through use (Council Regulation No 40/94, Art. 7(1)(b), (c) and (3) (see paras 40, 47-49,
         95)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 29 May 2008 (Case R 318/2008‑4) concerning an
                  application for registration of the word mark ‘Deutsche BKK’ as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Deutsche BKK
            
         
               Community trade mark sought:
            
            
               Word mark Deutsche BKK for services in Classes 36, 41 and 44 – Application No 4724894
            
         
               Decision of the Examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Deutsche Betriebskrankenkasse (Deutsche BKK) to pay the costs.