CELEX: 62007TJ0047
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

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.