13.4.2013
EN
Official Journal of the European Union
C 108/23
Judgment of the General Court of 21 February 2013 — Laboratoire Bioderma v OHIM — Cabinet Continental (BIODERMA)
(Case T-427/11) (1)
(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)
2013/C 108/62
Language of the case: French
Parties
Applicant: Laboratoire Bioderma (Lyon, France) (represented by: A. Teston, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Cabinet Continental (Paris, France) (represented by: J.-C. Brun, lawyer)
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 of the judgment
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.
(1) OJ C 298, 8.10.2011.
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