CELEX: 62007TJ0296
Language: en
Date: 2009-01-21 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2009. # Korsch AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-296/07.

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.