Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2009 – Korsch v OHIM (PharmaCheck)

(Case T-296/07)

Community trade mark – Application for the Community word mark PharmaCheck – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 – Restriction of the list of goods

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 31, 41, 53)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 June 2007 (Case R 358/2007-4) concerning an application for registration of the word sign PharmaCheck as a Community trade mark.

Information relating to the case

Operative part

The Court:

1.

Dismisses the action;

2.

Orders Korsch AG to pay the costs.