CELEX: 62008TJ0257
Community trade mark
Application for Community word mark BioMonitor
Absolute ground for refusal
Descriptive character
Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 24 April 2008 (Case R 466/2007‑4) concerning
an application for registration of the word sign BioMonitor as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Biotronik GmbH & Co. KG
Community trade mark sought:
Word mark ‘BioMonitor’ for goods and services in Classes 9, 10 and 38, the list of goods being subsequently limited to goods
in Class 10 – Application No 4556023
Decision of the Examiner:
Application rejected
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Biotronik GmbH & Co. KG to pay the costs.