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:
2. | | Orders Diagnostiko kai Therapeftiko Kentro Athinon ‘Ygeia’ AE to pay the costs. |