Action brought on 6 August 2007 - Korsch v OHIM (PharmaCheck)

(Case T-296/07)

Language of the case: German

Parties

Applicant: Korsch AG (Berlin, Germany) (represented by J. Grzam, 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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 June 2007 (Case R 358/2007-4) concerning the word mark No 5 310 214 'PharmaCheck';

order the defendant to pay the costs of the appeal proceedings and the proceedings before the Board of Appeal.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'PharmaCheck' for goods in Class 9 (Application No 5 310 214).

Decision of the Examiner: Rejection of the registration.

Decision of the Board of Appeal: Rejection of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94¹.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1)