Action brought on 24 December 2008 - Kerma v OHIM (BIOPIETRA)

(Case T-586/08)

Language in which the application was lodged: Italian

Parties

Applicant: Kerma SpA (Puegnago sul Garda, Italy) (represented by A. Manzoni, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

declare that the trade mark BIOPIETRO conforms with Article 4 of the Trade Mark Regulation and is not devoid of any distinctive character within the meaning of Article 7(1)(b) of that regulation;

order OHIM to pay the costs in the event of its being unsuccessful.

Pleas in law and main arguments

Community trade mark concerned: Word mark "BIOPIETRA" (application for registration No 5.658.893), for goods in Class 19.

Decision of the Examiner: Rejection of the application for registration.

Decision of the Board of Appeal: Rejection of the appeal.

Pleas in law: Infringement and incorrect application of Article 7(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.

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