CELEX: 62009TJ0113
Language: en
Date: 2010-02-09 00:00:00
Title: Judgment of the General Court (Second Chamber) of 9 February 2010. # PromoCell bioscience alive GmbH Biomedizinische Produkte v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a 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). # Case T-113/09.

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.