Language of document : ECLI:EU:T:2010:171





Judgment of the General Court (Seventh Chamber) of 29 April 2010 – Kerma v OHIM (BIOPIETRA)

(Case T-586/08)

Community trade mark – Application for the Community word mark BIOPIETRA – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 21, 34)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 16 October 2008 (Case R 889/2008-1) concerning an application for registration of the word mark BIOPIETRA as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Kerma SpA

Community trade mark sought:

Word mark BIOPIETRA for goods in Class 19 – Application No 5658893

Decision of the Examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Kerma SpA to pay the costs.