Action brought on 19 March 2009 - PromoCell bioscience alive v OHIM (SupplementPack)

(Case T-113/09)

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

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