Judgment of the General Court (Fifth Chamber) of 11 February 2010 – Deutsche BKK v OHIM (Deutsche BKK)

(Case T-289/08)

Community trade mark – Application for Community word mark Deutsche BKK – Absolute ground for refusal – Descriptive character and no distinctive character – No distinctive character acquired through use – Article 7(1)(b) and (c) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009) – Article 73 and Article 74(1), first sentence, of Regulation No 40/94 (now Article 75 and Article 76(1), first sentence, 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 – Marks devoid of distinctive character – Exception – Distinctive character acquired through use (Council Regulation No 40/94, Art. 7(1)(b), (c) and (3) (see paras 40, 47-49, 95)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 29 May 2008 (Case R 318/2008‑4) concerning an application for registration of the word mark ‘Deutsche BKK’ as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Deutsche BKK
Community trade mark sought:	Word mark Deutsche BKK for services in Classes 36, 41 and 44 – Application No 4724894
Decision of the Examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Deutsche Betriebskrankenkasse (Deutsche BKK) to pay the costs.