General Court 21-02-2013 ECLI:EU:T:2013:92

Data

Court: General Court

Case date: 21 februari 2013

Verdict

Judgment of the General Court (Seventh Chamber) of 21 February 2013 — Laboratoire Bioderma v OHIM — Cabinet Continental (BIODERMA)

(Case T-427/11)

"Community trade mark - Invalidity proceedings - Community word mark BIODERMA - No infringement of the rights of the defence - Article 75 of Regulation (EC) No 207/2009 - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation No 207/2009"

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)

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:

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;

Dismisses the action as to the remainder;

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

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