Community trade mark - Application for the Community word mark υγεία - Absolute grounds for refusal - No distinctive character and descriptive character - No distinctive character acquired through use - Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009.

Judgment of the General Court (Third Chamber) of 17 May 2011 – Diagnostiko kai Therapeftiko Kentro Athinon ‘Ygeia’ v OHIM (υγεία) (Case T-7/10) Community trade mark – Application for the Community word mark υγεία – Absolute grounds for refusal – No distinctive character and descriptive character – No distinctive character acquired through use – Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009 1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Exception (Council Regulation No 207/2009, Arts 1(2) and 7(2) and (3)) (see paras 40-41, 50-52) 2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of serving to designate the characteristics of a product or service – No acquisition of distinctive character through use (Council Regulation No 207/2009, Art. 7(1)(c) and (3)) (see paras 22, 30, 65) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 4 November 2009 (Case R 190/2009-2), concerning an application for registration of the word sign υγεία as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Diagnostiko kai Therapeftiko Kentro Athinon ’Ygeia’ AE Community trade mark sought: Word sign υγεία for services in Class 44, medical services – Application No 7129001 Decision of the examiner: Registration refused Decision of the Board of Appeal: Confirmation of the decision of the examiner and rejection of the application for registration Operative part The Court: 1. Dismisses the action; 2. Orders Diagnostiko kai Therapeftiko Kentro Athinon ‘Ygeia’ AE to pay the costs.