CELEX: 62006TJ0048
Community trade mark
Application for Community word mark BioGeneriX
Absolute ground for refusal
Partially descriptive character
Article 7(1)(b) and (c) of Regulation (EC) No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 November 2005 (Case R 651/2004-2) concerning
opposition proceedings between Protec Health International Ltd and Astex Therapeutics Ltd.
Information relating to the case
Applicant for the Community trade mark:
Astex Therapeutics Ltd
Community trade mark sought:
Figurative mark astex TECHNOLOGY for goods in Class 5
Proprietor of the mark or sign cited in the opposition proceedings:
Protec Health International Ltd
Mark or sign cited in opposition:
Word mark ASTEX for goods and services in Classes 5 and 24
Decision of the Opposition Division:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Astex Therapeutics Ltd to pay the costs.