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Case T-464/07: Action brought on 19 December 2007 — Korsch AG v OHIM (PharmaResearch)

ECLI:EU:UNKNOWN:62007TN0464

62007TN0464

January 1, 2007
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23.2.2008

EN

Official Journal of the European Union

C 51/51

(Case T-464/07)

(2008/C 51/94)

Language in which the application was lodged: German

Parties

Applicant: Korsch AG (Berlin, Germany) (represented by J. Grzam, 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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 October 2007 in Case R 924/2007-4 concerning word mark No 5 309 836 ‘PharmaResearch’;

order the defendant to pay the costs of these proceedings and of the proceedings before the Board of Appeal.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘PharmaResearch’ for goods and services in Class 9 (Application No 5 309 836)

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Art 7(1)(b) and (c) of Regulation (EC) No 40/94 (1), since there were no grounds for refusal of registration.

Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

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