CELEX: 62007TJ0464
Language: en
Date: 2009-06-17 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber) of 17 June 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 PharmaResearch - 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) - Restriction of the goods designated in the trade mark application. # Case T-464/07.

Judgment of the Court of First Instance (Fourth Chamber) of 17 June 2009 – Korsch v OHIM (PharmaResearch)
      (Case T-464/07)
      Community trade mark – Application for the Community word mark PharmaResearch – 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) – Restriction of the goods designated in the trade mark application
      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 30, 37, 42)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 October 2007 (Case R 924/2007-4) concerning
                  an application for registration of the word sign PharmaResearch as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Korsch AG
            
         
               Community trade mark sought:
            
            
               Word mark ‘PharmaResearch’ for goods and services in Class 9 – Application No 5309836
            
         
               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.