Source: EURLEX
Language: en
Format: md

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| 14.4.2007 | EN | Official Journal of the European Union | C 82/50 |

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Action brought on 21 February 2007 — ratiopharm v OHIM (BioGeneriX)

(Case T-48/07)

(2007/C 82/105)

Language of the case: German

Parties

Applicant: ratiopharm GmbH (Ulm, Germany) (represented by S. Völker, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should

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| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 December 2006 in Case R 1048/2004-4 concerning the application for Community trade mark No 002603124; |

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| — | order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘BioGeneriX ’for goods in Classes 1 and 5 (Application No 2 603 124).

Decision of the Examiner: Refusal of part of the application for registration.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007082EN.01005002-E0001), as the trade mark applied for has the requisite minimum level of distinctiveness and there is no need to preserve its availability.

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