Language of document : ECLI:EU:T:2008:377





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:

1.

Dismisses the action;

2.

Orders ratiopharm GmbH to pay the costs.