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.