CELEX: 62009TJ0113
Community trade mark
Application for a Community word mark SupplementPack
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)

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 January 2009 (Case R 996/2008‑4) concerning
an application for registration of the word sign SupplementPack as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
PromoCell bioscience alive GmbH Biomedizinische Produkte
Community trade mark sought:
Word mark SupplementPack for goods and services in Classes 1, 3, 5, 41 and 42 – Application No 5433883
Decision of the Examiner:
Application dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders PromoCell bioscience alive GmbH Biomedizinische Produkte to pay the costs.