Case T-296/07: Judgment of the Court of First Instance of 21 January 2009 — Korsch v OHIM (PharmaCheck) (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)
Date: 2009-01-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, trade-mark law

7.3.2009

EN

Official Journal of the European Union

C 55/23

Judgment of the Court of First Instance of 21 January 2009
— Korsch v OHIM (PharmaCheck)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, initi-
ally, and G. Schneider and S. Schäffner, subsequently, Agents)

(Case T-296/07) (1)

(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)

(2009/C 55/40)

Language of the case: German

Parties

(represented by:
Applicant: Korsch AG (Berlin, Germany)
J. Grzam, initially, and J. Grzam, M. Dittmann and M. Scheffler,
subsequently, lawyers)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 31 May 2007 (Case R 1281/2006—1) concerning
the registration of the word mark ‘AIRSHOWER’ as a Com-
munity trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hansgrohe AG to pay the costs.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: R. Pethke, Agent)

(1) OJ C 235, 6.10.2007.

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 Phar-
maCheck as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Korsch AG to pay the costs.

(1) OJ C 235, 6.10.2007.

Judgment of the Court of First Instance of 21 January 2009
— Hansgrohe v OHIM (AIRSHOWER)

(Case T-307/07) (1)

(Community trade mark — Application for the Community
word mark AIRSHOWER — Absolute ground for refusal —
Descriptive character — Article 7(1)(c) of Regulation (EC)
No 40/94)

(2009/C 55/41)

Language of the case: German

Judgment of the Court of First Instance of 22 January 2009
— Commercy v OHIM — easyGroup IP Licensing
(easyHotel)

(Case T-316/07) (1)

(Community trade mark — Invalidity proceedings — Com-
munity word mark easyHotel — Earlier national word mark
EASYHOTEL — Relative ground for refusal — Lack of
similarity of
the goods and services — Articles 8(1)(b)
and 52(1)(a) of Regulation (EC) No 40/94 — Legal aid —
Application lodged by the receiver for a commercial company
— Article 94(2) of the Rules of Procedure)

(2009/C 55/42)

Language of the case: German

Parties

Applicant: Commercy AG (Weimar, Germany) (represented by:
F. Jaschke, initially, and S. Grosse and I. Müller, subsequently,
lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Schäffner, Agent)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: easyGroup IP Licen-
sing Ltd (London, United Kingdom) (represented by: T. Koerl
and S. Möbus, lawyers)

Re:

Parties

Applicant: Hansgrohe AG (Schiltach, Germany) (represented by:
S. Weidert and J. Zehnsdorf, lawyers)

Action brought against the decision of the Second Board of
Appeal of OHIM of 19 June 2007 (Case R 1295/2006-2)
concerning invalidity proceedings between Commercy AG and
easyGroup IP Licensing Ltd.