Judgment of the General Court of 12 July 2012 - medi v OHIM (medi)

(Case T-470/09) 

(Community trade mark - Application for the Community word mark medi - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) and (2) of Regulation No 207/2009)

Language of the case: German

Parties

Applicant: medi GmbH & Co. KG (Bayreuth, Germany) (represented by: H. Lindner, D. Terheggen and T. Kiphuth, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially S. Schäffner and subsequently G. Schneider, Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 October 2009 (Case R 692/2008-4), concerning an application for registration of the word sign medi as a Community trade mark.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Medi GmbH & Co. KG to pay the costs.

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¹ - OJ C 24, 30.1.2010.