Judgment of the General Court of 29 April 2010 - Kerma v OHIM (BIOPIETRA)
(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))
Language of the case: Italian
Parties
Applicant: Kerma SpA (Raffa di Puegnago sul Garda, Italy) (represented by: A. Manzoni, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: O. Montalto, Agent)
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.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Kerma SpA to pay the costs.
____________1 - OJ C 55, 7.3.2009.