EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62010TN0363
Case T-363/10: Action brought on 27 August 2010 — Abbott Laboratories v OHIM (RESTORE)
Case T-363/10: Action brought on 27 August 2010 — Abbott Laboratories v OHIM (RESTORE)
Case T-363/10: Action brought on 27 August 2010 — Abbott Laboratories v OHIM (RESTORE)
IO C 288, 23.10.2010, p. 58–59
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
23.10.2010 |
EN |
Official Journal of the European Union |
C 288/58 |
Action brought on 27 August 2010 — Abbott Laboratories v OHIM (RESTORE)
(Case T-363/10)
()
(2010/C 288/107)
Language in which the application was lodged: German
Parties
Applicant: Abbott Laboratories (Abbott Park, Illinois, United States of America) (represented by M. Kinkeldey, S. Schäffler and J. Springer, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
|
— |
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 June 2010 in Case R 1560/2009-1; |
|
— |
Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘RESTORE’ for goods in Class 10
Decision of the Examiner: rejection of the application
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law:
|
|
Infringement of the right to be heard as the Board of Appeal referred in its decision to evidence which was not adduced by the applicant; |
|
|
Infringement of Article 7(1)(c) of Regulation (EC) No 207/2009 (1) as the mark applied for is not a term which directly describes the goods covered by the application; |
|
|
Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009 as the mark applied for has the required distinctive character. |
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).