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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.

    European Court Reports 2009 II-00085*

    ECLI identifier: ECLI:EU:T:2009:207

    Date of document:
    17/06/2009
    Date lodged:
    19/12/2007
    Author:
    General Court
    Country or organisation from which the request originates:
    Germany
    Form:
    Judgment
    Authentic language:
    German
    Type of procedure:
    Action for annulment - unfounded
    Applicant:
    Individual
    Defendant:
    European Union Intellectual Property Office, EU institutions and bodies
    Judge-Rapporteur:
    Czúcz
    Treaty:
    Treaty establishing the European Economic Community
    Link
    Select all documents mentioning this document
    Instruments cited in case law:





    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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