This document is an excerpt from the EUR-Lex website
Document 62007TJ0464
Summary of the Judgment
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. |