Judgment of the Court of First Instance of 16 September 2008 - ratiopharm v OHIM (BioGeneriX)
(Community trade mark - Application for Community word mark BioGeneriX -Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)
Language of the case: German
Parties
Applicant: ratiopharm GmbH (Ulm, Germany) (represented first by Rechtsanwalt S. Völker, and then by S. Völker and A. Schabenberger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 December 2006 (Case R 1047/2004-4) concerning an application for registration of the word mark BioGenerix as a Community trade mark
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders ratiopharm GmbH to pay the costs
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