Judgment of the General Court of 15 November 2011 - Abbot Laboratories v OHIM (RESTORE)
(Case T-363/10)
(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)
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