Judgment of the General Court (Seventh Chamber) of 21 February 2013

1. Community trade markProcedural provisionsDecisions of the OfficeObservance of the rights of the defenceScope of the principle (Council Regulation No 207/2009, Art. 75) (see para. 17)

2. Community trade markSurrender, revocation and invalidityAbsolute grounds for invalidityRegistration contrary to Article 7(1)(b) and (c) of Regulation No 207/2009Word mark BIODERMA (Council Regulation No 207/2009, Art. 7(1)(b) and (c), and 52(1)(a)) (see paras 38-40, 42-55, 62-64)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 28 February 2011 (Case R 861/2009-1), relating to invalidity proceedings between Cabinet Continental and Laboratoire Bioderma.

Operative part

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 February 2011 (Case R 861/2009-1) in so far as concerns dietetic substances adapted for medical use, in Class 5;

2. Dismisses the action as to the remainder;

3. Orders Laboratoire Bioderma to bear its own costs and half of those incurred by OHIM and Cabinet Continental;

4. Orders OHIM and Cabinet Continental to bear half of their own costs.