Community trade mark 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) Application for a Community word mark SupplementPack
Sumário
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.
Texto da decisão
Judgment of the General Court (Second Chamber) of 9 February 2010 – PromoCell bioscience alive v OHIM (SupplementPack)
(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: |
PromoCell bioscience alive GmbH Biomedizinische Produkte |
|
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. |