Judgment of the General Court (Sixth Chamber) of 15 November 2011 – Abbott 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 – Duty to state reasons – Article 75 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 (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 29, 36-37)

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

The Court:

1. Dismisses the application;

2. Orders Abbott Laboratories to pay the costs.