Source: EURLEX
Language: en
Format: md

**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. |

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