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.
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