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Case T-113/09: Judgment of the General Court of 9 February 2010 — PromoCell bioscience alive GmbH v OHIM (SupplementPack) (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))
ECLI:EU:UNKNOWN:62009TA0113
62009TA0113
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27.3.2010
Official Journal of the European Union
C 80/25
(Case T-113/09)(<span class="super">1</span>)
(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))
2010/C 80/43
Language of the case: 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) (represented by: S. Schäffner, Agent)
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.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.PromoCell bioscience alive GmbH Biomedizinische Produkte is ordered to pay the costs.
(<span class="super">1</span>) OJ C 129, 6.6.2009.