Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Second Chamber) of 9 February 2010 – PromoCell bioscience alive v OHIM (SupplementPack)**

**(Case T-113/09)**

Community trade mark – Application for 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)

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, 37, 42, 48)

**Re:**

|  |  |
| --- | --- |
|  | 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. |

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