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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.
ECLI:EU:T:2010:34
62009TJ0113
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(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:
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.