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Document 62007TJ0296

Judgment of the Court of First Instance (Fourth Chamber) of 21 January 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 PharmaCheck - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 - Restriction of the list of goods.
Case T-296/07.

European Court Reports 2009 II-00006*

ECLI identifier: ECLI:EU:T:2009:12





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

Applicant for the Community trade mark:

Korsch AG

Community trade mark sought:

Word mark PharmaCheck for goods in Class 9 – Application No 5310214

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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