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Document 62007TJ0464

Summary of the Judgment

Judgment of the Court of First Instance (Fourth Chamber) of 17 June 2009 — Korsch v OHIM (PharmaResearch)

(Case T-464/07)

‛Community trade mark — Application for the Community word mark PharmaResearch — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) — Restriction of the goods designated in the trade mark application’

Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 30, 37, 42)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 October 2007 (Case R 924/2007-4) concerning an application for registration of the word sign PharmaResearch as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Korsch AG

Community trade mark sought:

Word mark ‘PharmaResearch’ for goods and services in Class 9 — Application No 5309836

Decision of the Examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.

Dismisses the action;

2.

Orders Korsch AG to pay the costs.

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