Action brought on 30 June 2008 - Biotronik v OHIM (BioMonitor)

(Case T-257/08)

Language of the case: German

Parties

Applicant: Biotronik Meβ- und Therapiegeräte GmbH (Berlin, Germany) (represented by: U. Sander and R. Böhm, lawyers)

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 24 April 2008 in Case No R 466/2007-4;

Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'BioMonitor' for goods and services in Classes 9, 10 and 38, in which the additional list of goods for Class 10 would be restricted (Application No 4 556 023).

Decision of the Examiner: Application rejected.

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

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94¹ in that the trade mark applied for does not lack distinctive character and it is not a descriptive term.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).