Judgment — ECLI:EU:T:2009:12
Date: 2009-01-21
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded
Origin: Germany

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.