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Case T-113/09: Action brought on 19 March 2009 — PromoCell bioscience alive v OHIM (SupplementPack)
ECLI:EU:UNKNOWN:62009TN0113
62009TN0113
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6.6.2009
Official Journal of the European Union
C 129/16
(Case T-113/09)
2009/C 129/28
Language in which the application was lodged: 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)
Form of order sought
—Annul the decision of the Fourth Board of Appeal of 15 January 2009 in Case R 996/2008-4;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘SupplementPack’ for goods and services in Classes 1, 3, 5, 41 and 42 (Application No 5 433 883)
Decision of the Examiner: rejection of the application
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation (EC) No 40/94 as the mark applied for has the requisite distinctive character and its availability does not have to be preserved