Judgment of the General Court of 17 May 2011 - Diagnostiko kai Therapeftiko Kentro Athinon 'Ygeia' v OHIM (υγεία)

(Case T-7/10) ¹

(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)

Language of the case: Greek

Parties

Applicant: Diagnostiko kai Therapeftiko Kentro Athinon 'Ygeia' AE (Athens, Greece) (represented by: K. Alexiou and S. Foteas, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

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

Operative part of the judgment

The Court:

1.    dismisses the action;

2.    orders Diagnostiko kai Therapeftiko Kentro Athinon 'Ygeia' AE to pay the costs.

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¹ - OJ C 80, 27.3.2010.