Judgment of the General Court (Fifth Chamber) of 11 February 2010 – Deutsche BKK v OHIM (Deutsche BKK)
(Case T-289/08)
Community trade mark – Application for Community word mark Deutsche BKK – Absolute ground for refusal – Descriptive character and no distinctive character – No distinctive character acquired through use – Article7(1)(b) and (c) and (3) of Regulation (EC) No40/94 (now Article7(1)(b) and (c) and (3) of Regulation (EC) No207/2009) – Article73 and Article74(1), first sentence, of Regulation No 40/94 (now Article75 and Article76(1), first sentence, of Regulation No207/2009)
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 – Marks devoid of distinctive character – Exception – Distinctive character acquired through use (Council Regulation No 40/94, Art. 7(1)(b), (c) and (3) (see paras 40, 47-49, 95)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 29May2008 (Case R318/2008‑4) concerning an application for registration of the word mark ‘Deutsche BKK’ as a Community trade mark. |
Information relating to the case
Applicant for the Community trade mark: | Deutsche BKK |
Community trade mark sought: | Word mark Deutsche BKK for services in Classes 36, 41 and 44 – Application No 4724894 |
Decision of the Examiner: | Registration refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Deutsche Betriebskrankenkasse (Deutsche BKK) to pay the costs. |