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).
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