Action brought on 21 February 2007 - ratiopharm v OHIM (BioGeneriX)

(Case T-48/07)

Language of the case: German

Parties

Applicant: ratiopharm GmbH (Ulm, Germany) (represented by S. Völker, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 December 2006 in Case R 1048/2004-4 concerning the application for Community trade mark No 002603124;

order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'BioGeneriX' for goods in Classes 1 and 5 (Application No 2 603 124).

Decision of the Examiner: Refusal of part of the application for registration.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 40/94, ¹ as the trade mark applied for has the requisite minimum level of distinctiveness and there is no need to preserve its availability.

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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).