Order of the Court (Tenth Chamber) of 17 January 2013 — Abbott Laboratories v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-21/12 P) (1)

(Appeal - Community trade mark - Word mark ‘RESTORE’ - Refusal to register - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Right to be heard - Regulation (EC) No 207/2009 - Articles 7 (1(b) and (c) and 75, second sentence - Equal treatment)

2013/C 108/13

Language of the case: German

Parties

Appellant: Abbott Laboratories (represented by: R. Niebel, Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, agent)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 15 November 2011 in Case T-363/10 Abbott Laboratories v OHIM, by which the General Court dismissed the appellant’s action against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1560/2009-1), concerning an application for registration of the word mark RESTORE as a Community trade mark — Infringement of Article 7(1)(b) and (c) and of Article 75 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Distinctiveness of the word mark RESTORE

Operative part of the order

(1)  OJ C 98, 31.3.2012.