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Case T-296/07: Judgment of the Court of First Instance of 21 January 2009 — Korsch v OHIM (PharmaCheck) (Community trade mark — Application for the Community word mark PharmaCheck — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 — Restriction of the list of goods)
ECLI:EU:UNKNOWN:62007TA0296
62007TA0296
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Official Journal of the European Union
C 55/23
(Case T-296/07)
(Community trade mark - Application for the Community word mark PharmaCheck - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 - Restriction of the list of goods)
(2009/C 55/40)
Language of the case: German
Parties
Applicant: Korsch AG (Berlin, Germany) (represented by: J. Grzam, initially, and J. Grzam, M. Dittmann and M. Scheffler, subsequently, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 June 2007 (Case R 358/2007-4) concerning an application for registration of the word sign PharmaCheck as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Korsch AG to pay the costs.
* * *
(<span class="super">1</span>) OJ C 235, 6.10.2007.