Action brought on 21 February 2007 - ratiopharm GmbH v OHIM (BioGeneriX)
(Case T-47/07)
Language of the case: German
Parties
Applicant: ratiopharm GmbH (Ulm, Germany) (represented by Rechtsanwalt S. Völker)
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 of 20 December 2006 in appeal No. R1047/2004-4 concerning Community trade mark application No. 001701762.
Order the Office for Harmonisation in the Internal Market to pay its own costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark BioGeneriX for goods and services in the classes 5, 35, 40 and 42 (Application No. 1 701 762).
Decision of the Examiner: Refusal to register.
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. 40/94,
1 on the basis that the trade mark applied for demonstrates the minimum distinctive character required and that there is no specific need for availability.
____________1 - Council Regulation No. 40/94 of 20 December 1993 on the Community trade mark (OJ 1994, L 11, p. 1).