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Document 62007TJ0464
Judgment of the Court of First Instance (Fourth Chamber) of 17 June 2009. # Korsch AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-464/07.
Judgment of the Court of First Instance (Fourth Chamber) of 17 June 2009.
Korsch AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-464/07.
Judgment of the Court of First Instance (Fourth Chamber) of 17 June 2009.
Korsch AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-464/07.
Thuarascálacha na Cúirte Eorpaí 2009 II-00085*
ECLI identifier: ECLI:EU:T:2009:207
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. |