Judgment — ECLI:EU:T:2010:34
Date: 2010-02-09
Language of the case: German
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 19 March 2009 - PromoCell bioscience alive v OHIM (SupplementPack) (Case T-113/09) Language in which the application was lodged: German Parties Applicant: PromoCell bioscience alive GmbH Biomedizinische Produkte (Heidelberg, Germany) (represented by K. Mende, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought Annul the decision of the Fourth Board of Appeal of 15 January 2009 in Case R 996/2008-4; Order the defendant to pay the costs. Pleas in law and main arguments Community trade mark concerned: the word mark 'SupplementPack' for goods and services in Classes 1, 3, 5, 41 and 42 (Application No 5 433 883) Decision of the Examiner: rejection of the application Decision of the Board of Appeal: dismissal of the appeal Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation (EC) No 40/94 as the mark applied for has the requisite distinctive character and its availability does not have to be preserved ____________