Source: EURLEX
Language: en
Format: md

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

---

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

(Case T-47/07)

(2007/C 82/104)

Language of the case: German

Parties

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

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

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 20 December 2006 in appeal No. R1047/2004-4 concerning Community trade mark application No. 001701762. |

|  |  |
| --- | --- |
| — | Order the Office for Harmonisation in the Internal Market to pay its own costs. |

Pleas in law and main arguments

Community trade mark concerned: the word mark BioGeneriX for goods and services in the classes 5, 35, 40 and 42 (Application No. 1 701 762).

Decision of the Examiner: Refusal to register.

Decision of the Board of Appeal: Rejection of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No. 40/94[(1)](#ntr1-C_2007082EN.01005001-E0001), on the basis that the trade mark applied for demonstrates the minimum distinctive character required and that there is no specific need for availability.

---

[Top](#document1)