Judgment of the Court of First Instance (Second Chamber) of 16 September 2008 – ratiopharm v OHIM (BioGeneriX)
(Case T-47/07)
Community trade mark – Application for Community word mark BioGeneriX – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94
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 21, 26-28)
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. |
Information relating to the case
Applicant for the Community trade mark: | ratiopharm GmbH |
Community trade mark sought: | Word mark BioGeneriX for goods and services in Classes 5, 35, 40 and 42 – Application No 1701762 |
Decision of the Examiner: | Refusal of registration |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
2. | | Orders ratiopharm GmbH to pay the costs. |