CELEX: 62009TN0113
Language: en
Date: 2009-03-19 00:00:00
Title: Case T-113/09: Action brought on 19 March 2009 — PromoCell bioscience alive v OHIM (SupplementPack)

6.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/16
            
         Action brought on 19 March 2009 — PromoCell bioscience alive v OHIM (SupplementPack)
   (Case T-113/09)
   2009/C 129/28
   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