Judgment of the General Court (Second Chamber) of 11 October 2011 – Chestnut Medical Technologies v OHIM (PIPELINE)

(Case T-87/10)

Community trade mark – Application for registration of the Community word mark PIPELINE – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 – Duty to state reasons – Article 75 of Regulation No 207/2009

1.                     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 (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 23, 27-29)

2.                     Community trade mark – Procedural provisions – Statement of reasons for decisions (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75) (see paras 39-41)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 December 2009 (Case R 968/2009‑2) concerning an application for registration of the word mark PIPELINE as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Chestnut Medical Technologies, Inc. to pay the costs.